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2018 Supreme(Ker) 532

K.VINOD CHANDRAN, ASHOK MENON
KIRAN SHAJI S/O. SHAJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. M.H. HANIS, Adv.
For the Respondent: SRI.SURESH BABU THOMAS, SRI.K.A.ANAS, GOVERNMENT PLEADER

JUDGMENT :

Ashok Menon, J.

The petitioner is before us seeking to set aside Ext.P2 modified order of restriction made against him by the Advisory Board, under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 ('Act' for short) and also to strike down Section 15 of the Act as unconstitutional and command the respondents not to enforce the provisions of the Act against the petitioner, and for such other reliefs.

2. The petitioner contends that, without affording an opportunity of a personal hearing, and without considering his detailed objection to the notice, order No.2(AA)/Camp/17-KOR dated 8.11.2017 was made under Section 15 of the Act restricting the petitioner's entry into Ernakulam District for a period of one year from the date of the said order, which was reduced by the Advisory Board to six months, vide Ext.P2.

3. The order was produced directly before the third respondent Advisory Board, without even serving a copy of the said order on the petitioner. Annexures of the said order were received by the petitioner, which is produced at Ext.P1, which contains the recommendation of the District Police Chief and the other documents pertaining to the crimes registe





















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