IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WA.No. 978 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5765/2009 Dated 07/04/2009 .................... APPELLANT(S): PETITIIONER ------------------------- J. VISWANATHAN, HAREESH BHAVAN, KOTHAPPURAM MURI, WEST KALLADI VILLAGE, KOLLAM. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR/MAGISTRATE, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 5. THE CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA. 6. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA. GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.978 of 2009 ---------------------------------------------- Dated 27th May, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment dated 7.4.2009 in W.P.(C) No.5765/09. The writ petition was filed mainly with the following prayers :- (i) “Issue a writ in the nature of mandamus declaring that Ext.P1 F.I.R. is illegal and unenforceable in regard to issuance of orders under section 3(1), (2) read with Section 12 of the KAAP Act; (ii) any writ, direction or order restraining the respondents from taking any action against the petitioner pursuant to Ext.P1; (iii) any direction or order to respondents 2 to 6 to produce all relevant records pertaining to Ext.P1 F.I.R. and orders/proceedings if any, pursuant thereto, for perusal by the Hon'ble Court.” It appears during the pendency of the writ petition, the Authorised Officer under the Kerala Anti-Social Activities (Prevention) Act, 2007 has passed order dated 19.2.2009 under Section 3(2) of the Act for the arrest and detention of the petitioner. Therefore, a petition(I.A.3504/09) was filed for amending the writ petition, incorporating a prayer for quashing the detention order dated 19.2.2009. It is seen from the records WA NO.978/09 2 that no orders have been passed on the application for amendment. But it is seen from the judgment that the learned Single Judge has adverted to the merits, touching on the challenge on the order of detention dated 19.2.2009. The learned Single Judge, however has granted liberty to the petitioner to challenge the detention order dated 19.2.2009 in appropriate proceedings. 2. The apprehension expressed by the learned counsel for the petitioner is that the observations and findings in the judgment on merits would stand in the way of this court considering a challenge on the order dated 19.2.2009 and hence the liberty to challenge the order would practically serve no purpose. 3. We find force in the submission since the learned Single Judge has adverted to the merits of the case and has made certain observations and entered into certain findings. Therefore, we partly allow the writ petition by ex-punching the observations and findings in the judgment with regard to the order of detention dated 19.2.2009, particularly those contained at paragraph 5 of WA NO.978/09 3 the judgment. It is made clear that it will be open to the petitioner to take all available contentions with regard to the challenge on the detention order. The Writ Appeal is disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.978 of 2009 ---------------------------------------------- J U D G M E N T Dated 27th May, 2009.