IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 17816 of 2009(V) PETITIONER: --------------- SHAJUDEEN S/O.SAINUDEEN, LAKULATHU HOUSE,KUNNAKAD BHAGAM, FATHIMAPURAM, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (HOME & VIGILANCE) GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT STATUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, CIVIL STATION,KOTTAYAM. 3. THE SUPERINTENDENT OF POLICE S.P.OFFICE, COLLECTRATE P.O.,KOTTAYAM. 4. CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR, CHANGANACHERRY REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 5. THE SUB INSPECTOR OF POLICE CHANGANACHERRY POLICE STATION, CHANGANACHERRY KOTTAYAM DISTRICT. GOVT PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 17816 OF 2009 = = = = = = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner seeks for a writ of mandamus directing the respondents - police officials not to harass him in connection with Ext.P2 news paper report and for a further direction to issue proper notice to him and hear him before taking any decision detrimental to his life under the Kerala Anti Social Activities (Prevention) Act, 2007. 2. Petitioner, admittedly, was arrayed as accused in various cases and he was also under preventive detention under the Kerala Anti Social Activities (Prevention) Act and was kept in Central Prison, Thiruvananthapuram for six months. According to him, after that he was living a peaceful life. He came to know about Ext.P2 paper report showing that his name is also included in the Goonda list of Respondents 4 and 5 and thereafter police has visited his house and are harassing him by asking unnecessary questions. This is stated to be the cause of action for him to approach this Court. 3. On the face of the allegations made, it can be seen that this is a misconceived petition. Petitioner seeks for a direction not to take action based on WP(C) 17816/2009 2 the paper report. He has no case nor is it placed on record that against him any proceedings are initiated based on the paper report. The second prayer is to issue notice before deciding to take action under the Kerala Anti Social Activities (Prevention) Act. No such direction can be issued. If for any reason, any action is taken under the said Act in violation of any of the provisions, then necessarily petitioner will be entitled to question the same in accordance with law. In such circumstances, this writ petition is too premature and no preemptive order can be passed as is prayed for. 4. Learned Government Pleader appearing on behalf of the State states that police is only keeping a close watch on his movement since he is involved in many cases. In the circumstances, to keep watching such person's movement cannot be held to be harassment. No other materials are placed to show that petitioner was in any way harassed by the police. In the circumstances, there is no merit in the writ petition and it is accordingly dismissed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-