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2011 Supreme(Ker) 188

K.M.JOSEPH, M.L.JOSEPH FRANCIS
C. V. Stalin – Appellant
Versus
State Of Kerala, Represented By Its Secretary to Government – Respondent


Advocates Appeared:
For the Petitioner:M.H. Hanis, Advocate.
For the Respondent: P. Ravindra Babu Government Pleader.

JUDGMENT :-


K.M. Joseph, J.

1. Petitioner challenges Ext.P1 dated 25.9.2010. Ext.P1 is an order passed by the third respondent (Deputy Commissioner of Police, Kochi City). By the said order, the petitioner has been restrained from entering into the Kochi City limits coming under his jurisdiction and also not to commit any anti-social activities within the said limits for a period of one year. The Advisory Board on a representation filed by the petitioner, reduced the period of restriction to six months.

2. We heard Shri Hanis M.H. (Manakal), learned counsel appearing for the petitioner and also Shri P. Ravindra Babu, learned Senior Government Pleader. Learned counsel for the petitioner would submit as follows:

The impugned order is vitiated for the reason that it is in violation of the dicta laid down by a Division Bench of this Court in Uma v. State of Kerala (2010 (4) KLT 511). He also relies on another decision of this Court in Praseetha v. State of Kerala and Others (2009 (4) KHC 382). It is his case that the basis for passing the impugned order under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as the Act) are the following C






































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