IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 1^ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(CRL.) NO. 441 OF 2022 PETITIONER:

SHARAFUDHEEN, AGED 28 YEARS, S/O. YOUSEF, THANDATH HOUSE, B.P ANGADI, THIUR, MALAPPURAM DISTRICT, PIN – 676 102.

BY ADVS.

SUNNY MATHEW NIKITTA TRESSY GEORGE RESPONDENTS:

1 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT, PIN – 676 505.

2 THE DEPUTY INSPECTOR GENERAL OF POLICE OFFICE OF THE D.I.G.P, THRISSUR RANGE, THRISSUR DISTRICT, PIN – 680 022.

3 THE STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

BY ADVS.

ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

OTHER PRESENT:

SRI. K.A. ANAS-GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & C.S. SUDHA, JJ.

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Dated this the 01^st day of March, 2023

JUDGMENT

Alexander Thomas, J.

The prayers in the afore captioned W.P.(Crl.), seeking for Habeas Corpus, are as follows:

“i) To issue a writ of certiorari or any other appropriate writ, order direction quashing Exhibit P2 order dated 10.02.2022 passed by the

2^nd respondent.

ii) To issue a writ of certiorari or any other appropriate writ, order direction quashing Exhibit P4 order dated 26.04.2022, passed by the Advisory Board under the ‘KAPPA’.”

2. Heard Sri. Sunny Mathew, learned counsel appearing for the petitioner and Sri.K.A. Anas, learned Public Prosecutor appearing for the respondents.

3. The challenge made in this writ petition (criminal) is against Ext.P2 externment order dated 10.02.2022, rendered by the 2^nd respondent-DIG of Police under Sec.15(1) of the Kerala Anti-Social Activities (Prevention) Act (KAAPA), 2007, whereby it has been ordered that the petitioner is restrained from entering into the territorial limits of Malappuram District, for a period of one year from the date of execution of the said order.

4. It is common ground that the impugned Ext.P2 order has been executed on 15.02.2022. The outer time limit of the currency of Ext.P2 externment order has expired on 14.02.2023. Hence, nothing survives for consideration in this case.

Accordingly, in that view of the matter, all issues are left open and the writ petition (criminal) will stand dismissed as infructuous.

Sd/-

ALEXANDER THOMAS, JUDGE Sd/-

C.S. SUDHA, JUDGE Skk//31012023