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2009 Supreme(Ker) 971

R.BASANT, M.C.HARI RANI
Shibu @ Shiva Kumar – Appellant
Versus
State of Kerala, Rep. by Additional Chief Secretary to Government – Respondent


Advocates appeared:
For the Petitioner:P. Vijaya Bhanu, M.M. Deepa, Advocates. For the Respondents: Smitha Sukumaran, Government Pleader.

Judgment :-

Basant, J.

Against the petitioner an order under Section 15(1) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as the `KAAPA') has been passed by the 2nd respondent. Ext.P3 is the said order of restraint passed under Section 15(1) of the KAAPA. That reveals that show cause notice was issued to the petitioner. He was given opportunity to make his representation. He was heard and it was thereafter that the impugned order Ext.P3 was passed.

2. The petitioner claims to be aggrieved by Ext.P3 order. He has rushed to this Court with this Writ Petition under Article 226 of the Constitution of India. It is a well recognised self imposed rule of orderly procedure consistently followed by Constitutional Courts that though the sweep of the powers under Article 226 of the Constitution is wide, such powers, in the absence of exceptional and compelling reasons, shall not be invoked when an equally efficacious and alternative remedy is available to the aggrieved party. We see that the petitioner has an equally efficacious alternative remedy to challenge the impugned order under Section 15(2) of the KAAPA. Of course Section 15(2) of the KAAPA does no






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