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2013 Supreme(Ker) 223

K.T.SANKARAN, M.L.JOSEPH FRANCIS
RAJESH BABU @ UNNI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
SRI.C.RAJENDRAN
R2, R5 BY DIRECTOR GENERAL OF PROSECUTION SRI.ASAF ALI

JUDGMENT

K.T.Sankaran, J.

The present Writ Petition is the third Writ Petition filed by the petitioner even before he was detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'KAAPA'). The petitioner filed W.P.(C) No.6778 of 2012 for a declaration that he cannot be treated as a "known depredator" on the basis of the cases registered against him by the police and for the issue of a writ of mandamus, direction or order directing the District Collector, Kollam not to pass any detention order against the petitioner. The said Writ Petition was disposed of by Ext.P16 judgment dated 4.4.2012. The Division Bench held that the reliefs sought for by the petitioner could not be granted. However, the Division Bench observed that the detaining authority would apply its mind to the facts and circumstances pointed out by the petitioner including revocation of the order of detention issued earlier and subsequent developments, before passing any order of detention.

2. Earlier, as per the order dated 26.3.2011 issued under Section 3 of KAAPA, the petitioner was detained. However, the Advisory Board opined that there was no sufficient cause for the detentio




























































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