IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 24416 of 2008(F) -------------------------- PETITIONER: ------------ SAJEEV KUMAR.K.B.LAKSHMI BHAVAN, VAZHAMUTTOM EAST P.O.MALLISSERY, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, EXCISE DEPARTMENT, SECRETARIA, THIRUVANANTHAPURAM. 3. ABDUL SALAM, CIRCLE INSPECTOR OF EXCISE, PATHANAMTHITTA. BY GOVERNMENT PLEADER FOR R1 & 2 SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).24416/2008 -------------------- Dated this the 17th day of September, 2008 JUDGMENT Petitioner apprehends that he may be detained under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007 (Goonda Act). Petitioner submits that there are no materials by which he can be considered as a 'goonda' or a 'rowdy' in terms of the provisions of the Act and therefore, an order of detention cannot be passed against him. 2. A detention under the provisions of the said Act stands on the same footing as a detention under the provisions of COFEPOSA. It has been repeatedly held by the Supreme Court and by this Court that this Court will not interfere with the detention of a person under the COFEPOSA, before the execution of the order of detention. In other words, a pre-detention interference by the Court is not contemplated. Same principle applies in the case of the Kerala Anti Social Activities (Prevention) Act, 2007 (Goonda Act) also. W.P.(C).24416/2008 2 3. In my view, petitioner has a remedy to move the competent Advisory Board and also has a remedy by way of representation before the Government. Therefore, I am not inclined to interfere with the apprehended detention of the petitioner. Writ petition is bereft of merit and hence dismissed. V.GIRI, Judge mrcs