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2014 Supreme(Ker) 297

K.T.SANKARAN, B.KEMAL PASHA
Biju Aduppukallingal – Appellant
Versus
Advisory Board under KAAPA represented by its Secretary, 'Sree Nivas' – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P.V. Surendranath, Advocate.
For the Respondents: Asaf Ali, Director General of Prosecution, R2 to R4, Biju Meenattoor, Senior Government Pleader.

Judgment

K.T. Sankaran, J.

The questions of law involved in this Writ Petition are the following:

A) Whether the Advisory Board exercising powers under Section 15(2) of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred to as “KAAPA”) has jurisdiction to condone the delay in filing the representation under subsection (2) of Section 15?

B) Whether the person against whom an order is passed under Section 15(1) of KAAPA can challenge that order under Article 226 of the Constitution of India after the period fixed for filing a representation before the Advisory Board?

2. The Deputy Inspector General of Police, Kannur issued Ext.P1 show cause notice to the petitioner directing him to show cause as to why he should not be restrained from entering into the jurisdiction of the District Police Chief of Kannur, for a period of one year under Section 15(1) of KAAPA. In Ext.P1, the allegation is that the petitioner is involved in six cases, where charge sheets were filed before the Judicial Magistrate of the First Class concerned. It is also stated in Ext.P1 that the Deputy Inspector General of Police was, prima facie, satisfied that the petitioner is a “known rowdy” as






















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