IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26545 of 2011(P) -------------------------------- PETITIONER(S): ------------------ SERIN, S/O.BHASKARAN, VILAYIL VEEDU SARKARA VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH SRI.K.M.ALEXANDER RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, KUDAPPANAKKUNNU THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, PMG THIRUVANANTHAPURAM 695 001. 3. THE SUB INSPECTOR OF POLICE CHIRAYINKEEZHU POLICE STATION THIRUVANANTHAPURAM 695 001. 4. THE SUB INSPECTOR OF POLICE ATTINGAL, POLICE STATION,THIRUVANANTHAPURAM DISTRICT 695 001. GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.26545 of 2011 ------------------------------------------------ Dated this the 11th day of October, 2011 JUDGMENT Abdul Rehim, J This Writ Petition is filed seeking directions against respondents 3 and 4 to refrain from causing unnecessary harassment to the petitioner. The petitioner inter alia seeks direction to respondents 1 and 2 to reveal the number and date of order of detention, if any issued against the petitioner under the Kerala Anti Social Activities (Prevention) Act, 2007 (KAAPA). 2. In compliance of directions issued by this Court, the learned Government Pleader ascertained veracity of the accusations made in the Writ Petition. On the basis of instructions received, it is submitted that, a detention order was issued against the petitioner on 28/08/09 and the said order was executed on 31/08/09. This court had set aside the said order of detention, as per judgment in W.P.(Crl) W. P. C. No.26545 of 2011 -2- No.429/09, and the petitioner was released. But the petitioner was continuing with his anti-social and goonda activities. Various criminal cases have been registered against him, as Crime Nos.130/10 and 140/10 of Chirayinkil Police Station and Crime Nos.1011/11 and 820/11 of Attingal Police Station. Under such circumstances, a fresh order of detention has now been issued, as per proceedings No.S 13/47434/11 dated 02/08/11, under Section 3 of KAAPA. It is further stated that Police is on the look out for the petitioner in order to execute the order of detention. But he is absconding. 3. Considering the factual situation as submitted on behalf of the respondents, we are in total disagreement with the accusation that the respondents are harassing the petitioner. Hence, the petitioner is not entitled for any directions in this regard from this court. Regarding the apprehended detention under KAAPA we notice that there is no statutory obligation on the part of the respondent to issue any notice to the petitioner regarding issuance of the W. P. C. No.26545 of 2011 -3- order of detention. We make it clear that the petitioner will be at liberty to seek appropriate remedy against the proceedings initiated. Therefore, we are of the opinion that the Writ Petition deserves no merit. 4. Therefore, the Writ Petition is dismissed subject to the above observations. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-