IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(Crl.).No. 499 of 2009(S) --------------------------- PETITIONER(S): --------------- SUKUMARY AGED 44 YEARS, W/O. THULASIDHARAN, T.C.12/963, BARTAN HILL, KUNNUKUZHY, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, RP. BY ADDL. CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, COLLECTORATE, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER OF POLICE(L&O) THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.RAVINDRA BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.499/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE DETENTION ORDER OF 2ND RESPONDENT DATED 23.9.2009. EXT.P2: TRUE COPY OF THE GROUNDS OF ARREST IN MALAYALAM. EXT.P3: TRUE COPY OF THE REPORT DATED 31.8.2009 OF THE 3RD RESPONDENT TO 2ND RESPONDENT SPONSORING THE DETENTION OF SHYJU. RESPONDENT'S EXHIBITS: EXT.R3(a): ORDER OF APPROVAL NO.71036/SSA5/HOME/2009 DATED 10.10.2009. EXT.R3(b): G.O.(RT) NO.3579/2009/HOME, DATED 1.12.2009. EXT.R3(c): TRUE COPY OF THE INDEX DULY ACKNOWLEDGED BY THEDETENUE ON 28.9.2009. EXT.R3(d): TRUE COPY OF ORDER OF DETENTION DULY ACKNOWLEDGED BY THE DETENUE ON 28.9.09. EXT.R3(e): TRUE COPY OF MALAYALAM GROUNDS DULY ACKNOWLEDGED BY THE DETENUE 28.9.09. EXT.R3(f): TRUE COPY OF THE REPORT FORWARDED TO THE 2ND RESPONDENT BY THE3RD RESPONDENT ACKNOWLEDGED BY THE DETENUE ON 28.9.09. EXT.R3(g): TRUE COPY OF ORDER OF DETENTION DULY ACKNOWLEDGED BY THE DETENUE ON 21.11.09. EXT.R3(h): TRUE COPY OF MALAYALAM GROUNDS DULY ACKNOWLEDGED BY THE DETENUE ON21.11.09. EXT.R3(i): TRUE COPY OF THE REPORT FORWARDED TO THE 2ND RESPSONDENT BY THE 3RD RESPONDENT SCKNOWLEDGED BY THE DETENUE ON 21.11.09. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(Crl).No.499 OF 2009 ------------------------------------------- Dated this the 24th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.The petitioner states that she is the mother of the detenue Shyju who was detained in terms of Ext.P1 detention order under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007, hereinafter, the 'Act', for short. The detention order was issued on 23.9.2009 by the competent authority and was enforced by securing detention on 28.9.2009. The petitioner contends that the ground of detention in terms of the recommendations of the reporting authority is 'Known Rowdy' whereas the impugned detention order has been issued by holding that the said person is a 'Known Goonda'. WPCR.499/09 2 2.Dilating on the relevant provisions of the Act, this Court has held in W.P(Crl).No.456/09 and connected cases that the conclusions arrived at with a person is a 'Goonda' and therefore a 'Known Goonda' on similar facts, is insufficient to sustain an order of detention. With this, we find that the impugned detention order cannot be sustained. In the result, this writ petition is allowed quashing Ext.P1 order and setting aside the detention of the detenue Shyju. If the detention of the detenue is not necessary in connection with any other case, he shall forthwith be released by the prison authorities. The Registry shall forthwith communicate this order to the prison authorities concerned. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.24/02.