Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE28H DAY OF MARCH20147TH CHAITHRA, 1936 WP(C).No. 7425 of 2014 (C) --------------------------- PETITIONER: -------------------------- PRASANTHKUMAR O.V, AGED44YEARS S/O V.K. APPU, NELLISSERI HOUSE, GOKHALE ROAD KANATHUR WARD, KANNUR BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS: ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM69500 2. THE STATE POLICE CHIEF, OFFICE OF THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM69500 3. INSPECTOR GENERAL OF POLICE, OFFICE OF THE INSPECTOR GENERAL OF POLICE, KANNUR RANGE KANNUR67000 4. DISTRICT POLICE CHIEF, OFFICE OF THE DISTIRCT POLICE CHIEF KANNUR DISTRICT67000 5. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT67000 R1-R5 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2803-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7425 of 2014 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REPORT SUBMITTED BY THE4H RESPONDNET BEOFRE THE3D RESPONDENT DATED3107-2013 EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED2009-2013 ISSUED BY THE THIRD RESPONDENT EXHIBIT P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER EXHIBIT P4 TRUE COPY OF THE ORDER
PASSED BY THE3D RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER
IN OP NO52014 PASSED BY THE ADVISORY BOARD UNDER THE KERALA ANTI SOCIAL ACTIVITIES (PREVENTION ) ACT DATED1102-2014 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- \\ TRUE COPY \\ PA TO JUDGE jm/ K.T.SANKARAN & P.UBAID, JJ.
------------------------------------- W.P.(C) No.7425 of 2014 --------------------------------------- Dated this the 28th day of March, 2014
JUDGMENT
K.T.Sankaran, J.
The Inspector General of Police Kannur Range issued Ext.P4 order dated 13.12.2013 under Section 15 (1) of the Kerala Anti Social Activities (Prevention Act) (hereinafter referred to as 'KAAPA') directing the writ petitioner not to enter into Kannur District for a period of one year. The said order was passed on the ground that the petitioner is a "Known Rowdy" as defined in Section 2 (p) (iii) of the Act.
2. Though the petitioner filed a representation before the Advisory Board under Section 15 (2) of KAAPA, it was dismissed on the ground of delay.
3. Before issuing the order dated 13.12.2013, a show cause notice was issued to the petitioner. However, no opportunity to be heard by notice served on the petitioner was afforded as provided under Section 15 (1) of KAAPA.
4. In Julias Nikhithas v. Inspector General of Police [2013 (3) KLT623, a Division Bench of this Court held thus: "It is mandatory that the authority passing an order under S.15 (1) of the KAAPA should provide an W.P.(C) No.7425 of 2014 2 opportunity to be heard to the person concerned. We have perused the files and it is seen that no notice fixing a date of hearing was issued and no opportunity of being heard was afforded to the petitioner. The learned Government Pleader submitted that within 15 days from the date of show cause notice, at any time, the petitioner could have approached the Inspector General of Police and offered his explanation. We are not impressed with this argument. The petitioner cannot wander in the office of the Inspector General of Police on all days and find out whether he is a available and whether he is prepared to hear the petitioner. The legal requirement is that a notice should be issued to the petitioner and he should be heard if he appears. From the reply to the show cause notice, it is clear that the petitioner wanted to be heard, but no opportunity of being heard was afforded to him. On that ground, Exhibit P2 order passed by the Inspector General of Police and Exhibit P5 confirmation order passe3d by the Advisory Board are liable to be quashed." 5. Following the decision in Julias Nikhithas' Case the writ petition is allowed and the order No. A3 11073/2013 KR dated 13.02.2013 issued by the Inspector General of Police, Kannur Range is quashed. W.P.(C) No.7425 of 2014 3 It is made clear that the Inspector General of Police would be free to proceed with the case after issuing notice to the petitioner and affording him an opportunity of being heard as provided under Section 15 (1) of KAAPA. sd/ K.T.SANKARAN, JUDGE sd/ P.UBAID, JUDGE jm/