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2013 Supreme(Online)(KER) 27172

HIGH COURT OF KERALA
K.T.SANKARAN, B.KEMAL PASHA, JJ
BIJU ADUPPUKALLINGAL – Appellant
Versus
ADVISORY BOARD, UNDER KERALA ANTI SOCIAL ACTIVITIES(PREVENTION ) ACT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.V.SURENDRANATH
For the Respondents: SRI.ASAF ALI, SRI.BIJU MEENATTOOR

Table of Content
1. overview of kaapa's framework and limitations on advisory board's power (Para 1 , 15 , 16)
2. jurisdiction of the advisory board regarding representations under kaapa (Para 2 , 3 , 4)
3. arguments on the advisory board's authority to condone delay (Para 7 , 8)
4. final ruling on jurisdiction and representation compliance (Para 18 , 19)

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 sub- section (2) of ?

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

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