IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 17738 of 2009(Q) -------------------------- PETITIONER: --------------- JAYAN @ JAYACHANDRAN, NARAYANAVILASSAM HOUSE, ERNAKALLOOR.P.O., KOTHAMANGALAM. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDL CHIEF SECRETARY, DEPARTMENT OF HOME (SS A) GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SUPT. OF POLICE, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION. BY SENIOR GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C)NO. 17738 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner has approached this Court mainly seeking the following relief: “(i) Call for the records relating to Crime No. 894 of 2009 of Police Station, Kothamangalam registered for the offence punishable under Section 3(1) of the Kerala Anti-social Activities (Prevention) Act, 2007 and quash the same.” The District Collector has filed a statement stating that an order of detention has already been passed by her against the writ petitioner under the provisions of the Kerala Anti-social Activities (Prevention) Act, 2007, as he is a known goonda, being a depredator of environment. 2. We notice that the crime stated to have been registered against the petitioner under the provisions of the aforementioned Act is only a reference number of the report forwarded by the Sub Inspector of Police to W.P.(C)NO. 17738/2009 2 the Superintendent of Police through proper channel, which in turn has to be forwarded to the District Magistrate for detaining the petitioner under the provisions of the above said Act. It is not a registration of crime as understood in common parlance. 3. In view of the fact that detention order has already been passed against the petitioner, at pre-arrest stage, the petitioner cannot seek any relief against the detention. Upon arrest or on surrender, he will be served with the detention order and the grounds of detention and against that, he can represent before the Advisory Board or the Government. If the decision of the Board or the Government is not in his favour, he can approach this Court for issuance of a Writ of Habeas Corpus. In view of the above position, this Writ Petition is not maintainable. It is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 17738/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C)NO.17738/2009 JUDGMENT 7th August, 2009