IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 30290 of 2009(E) -------------------------- PETITIONER: ------------- O.ABDU RAHMAN, S/O. ABDULLA, AGED 36 YEARS, UDAYAMANGALATHU VEEDU, KUTTIKADAVU, POST CHEROOPPA, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADVISORY BOARD, REPRESENTED BY CHAIRMAN, ANTISOCIAL ACTIVITIES, ELAMAKKARA, ERNAKULAM. 3. THE INSPECTOR GENERAL OF POLICE, ZONAL OFFICE, KANNUR. 4. THE DISTRICT COLLECTOR/DIST.MAGISTRATE, KOZHIKODE. 5. THE CITY POLICE COMMISSIONER, KOZHIKODE. 6. THE C.I. OF POLICE, KUNNAMANGALAM, KOZHIKODE. 7. THE S.I. OF POLICE, MAVOOR. by ADGP SHRI P.RAVINDRA BABU GOVERNMENT PLEADER FOR R1 & 3 TO 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.30290 OF 2009 ----------------------------------------------------- DATED THIS THE 3rd DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. This Writ Petition is being filed to assail Exhibit P1 order issued by the 3rd respondent under Section 15 of the Kerala Anti- Social Activities (Prevention) Act, 2007 (hereinafter referred to as `the KAAPA'). 2. It is submitted unambiguously by the learned Government Pleader, representing the learned Additional Director General of Prosecutions, that Exhibit P1 order is not an order which is intended to be enforced. It is to be reckoned only as a show cause notice. No interim directions are issued. Appropriate order under Section 15 of the KAAPA shall be passed and it is only thereafter that the petitioner can be said to be aggrieved by such order, if such order is adverse to him. 3. We accept the submission of the learned Government Pleader that Exhibit P1 order will not be enforced until a final order is passed under Section 15 of the KAAPA . With the acceptance of that submission, this Writ Petition becomes W.P.(C)No.30290 OF 2009 -2- unnecessary. This Writ Petition is accordingly dismissed accepting the specific submission of the learned Government Pleader that Exhibit P1 order will not be enforced until a final order is passed under Section 15 of the KAAPA in accordance with law. Exhibit P1 is to be reckoned purely as a show cause notice, it is conceded by the learned Government Pleader and accepted by the Court. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn