Back
2023 Supreme(Online)(KER) 14890
HIGH COURT OF KERALA
ALEXANDER THOMAS, C.S. Sudha, JJ
DILEEP
– Appellant
Versus
THE STATE OF KERALA – Respondent
WP(Crl.) 990 2022
RENJITH B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI
The court established that a case becomes moot and unadjudicable when the underlying order has expired.
Headnote:
Writ - Criminal Proceedings - KAAPA - Sections 15(1), 15(2) - The court dismissed the writ petition as infructuous given that the externment order's currency had expired, thus rendering the challenge moot. The issues on the constitutionality of the time limit were not considered.
Fact of the Case:
The writ petition challenged externment orders under KAAPA, asserting they violated constitutional rights. However, both parties acknowledged that the order's validity period expired, making the case moot.
Finding of the Court:
The court found that since the six-month period for the externment order had lapsed, the matter was infructuous and dismissed the writ petition accordingly, without addressing broader constitutional claims.
Issues: Whether the time limitation for challenging the KAAPA externment orders under Section 15(2) violates constitutional rights.
Ratio Decidendi: The core finding was that once the externment order's validity expired, there was no longer any actionable dispute, thus the court could not adjudicate on the constitutional issues raised.
Final Decision: Writ Petition dismissed as infructuous.
J U D G M E N T
ALEXANDER THOMAS,J.
The prayers in the instant Writ Petition (Criminal) are as follows:
“i. Issue a writ in the certiorari or such other writ, direction or orders, calling for the records leading up to Exhibit P3 and P4 and quash the same.
ii. Issue a writ in the certiorari or such other writ, direction or orders, calling for the records leading up to Exhibit P6 and quash the same.
iii. Declare that fixing the time period for challenging the order U/S
15(2) of the KAAPA to the extent of 15 days, when the order and the cause of action survives for the period prescribed by the order passed under Sec 15(1), is violative of Article 14, 19 and 21 of the Constitution of India of India.
iv. That to dispense with the filing of vernacular documents.
Pass any such other order which this Hon'ble court may deem fit and proper considering the facts and circumstances of this case, in the interest of Justice.”
2. Today, when the matter has been taken up for consideration, both sides have submitted that the impugned Ext.P-4 externment order dated 3.8.2022 was executed on 4.8.2022 and the six months' currency period thereof has already expired on 3.2.2022 and that therefore the matter in issue raised in this case has become infructuous. Recording the abovesaid submissions, the above W.P.
(Crl). will stand dismissed as infructuous.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
C.S.SUDHA, JUDGE sdk+
APPENDIX OF WP(CRL.) 990/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER ALONG WITH THE REPORT DATED 23.04.2022 IS BEING PRODUCED HEREWITH AND MARKED AS EXHIBIT P1.
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 4TH RESPONDED DATED 2.6.2022 IS BEING PRODUCED HEREWITH AND MARKED AS EXHIBITP2 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.6.2022 PASSED BY THE 3RD RESPONDENT IS BEING PRODUCED HEREWITH AND MARKED AS EXHIBITP3.
EXHIBIT P4 TRUECOPY OF THE ORDER DATED 3.8.2022 PASSED BY THE 3RD RESPONDED IS PRODUCED HEREWITH AND MARKED AS EXHIBITP4.
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM IN O.P NO. 35 /2022 IS BEING HEREWITH PRODUCED AND MARKED AS EXHIBITP5.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12.09.2022 PASSED BY THE ADVISORY BOARD KAAPA IS BEING PRODUCED HEREWITH AND MARKED AS EXHIBIT P6.
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPTS OF THE PETITIONER'S APPEAL BEFORE THE 2ND RESPONDENT
