Elbin v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 34326 of 2015 (M) ---------------------------- PETITIONER(S):
--------------------- ELBIN, AGED 29 YEARS S/O.DEVASSY, MITTAPILLY VEEDU, CHUNANGUMVELY BHAGOM KEEZHMADUKARA, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001
2. DISTRICT MAGISTRATE ERNAKULAM DIST., COLLECTORATE KAKKANAD-682 030
3. DISTRICT SUPERINTENDENT OF POLICE CHIEF ERNAKULAM RURAL, ERNAKULAM DIST. 682 031
4. SUB INSPECTOR OF POLICE ALUVA POLICE STATION-683 101
5. SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR-683542
6. SRI.CLEETUS SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION PERUMBAVOOR 683 542 R1-R5 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED R3 BY ADV. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34326 of 2015 (M) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------------- EXT.P1: A TRUE PHOTOCOPY OF THE REMAND APPLICATION OF THE 8TH ACCUSED EXT.P2 A TRUE PHOTOCOPY OF THE REMAND APPLICATION OF THE ACCUSED 14 TO 20 EXT.P3:A TRUE PHOTOCOPY OF THE WOUND CERTIFICATE OF THE PETITIONER EXT.P4:A TRUE PHOTOCOPY OF THE WOUND CERTIFICATE OF THE 14TH ACCUSED EXT.P5:A TRUE PHOTOCOPY OF THE WOUND CERTIFICATE OF THE 19TH ACCUSED EXT.P6: A TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT DT 24/10/14 FILED BY THE PETITIONER EXT.P7: A TRUE PHOTOCOPY OF THE FIR ALONG WITH THE FIS IN CRIME NO 2233/15 OF ALUVA POLICE STATION EXT.P8: A TRUE PHOTOCOPY OF ONLINE PAGE OF MADHYAMAM DAILY DT. 27/10/15 RESPONDENT(S)' EXHIBITS -------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE
K.T.SANKARAN & RAJA VIJAYARAGHAVAN.V., JJ.
-------------------------------------- W.P.(C) No.34326 of 2015 -------------------------------------- Dated this the 8th day of December, 2015
JUDGMENT
K.T.Sankaran, J.
The petitioner filed this Writ Petition praying for the following reliefs:
"(i)To issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding respondents 2 to 4 not to execute the detention order passed by the second respondent against the petitioner.
(ii) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the first respondent to produce the detention order passed by the second respondent before this Honourable Court along with the records relied on for passing the detention order.
(iii)To call for the detention order passed against the petitioner along with the connected records and quash
W.P.(C) No.34326/2015 the same by the issuance of a writ in the nature of certiorari any other appropriate writ order or direction. (iv)To declare that the detention order passed against the petitioner by the second respondent is liable to be quashed at the pre-execution stage itself.
(v) To grant such other reliefs as this Honourable Court may deem fit and proper in the interest of justice." 2.
The third respondent filed a counter in which it is stated as follows :
"It is respectfully submitted that this respondent not taking any further proceeding on the primary report of the Sub Inspector of Police, Aluva against the petitioner under Section 3(1) of Kerala Anti-Social Activities (Prevention) Act, 2007. This respondent is perusing the records obtained from the Sub Inspector of Police, Aluva, whether it is a fit case or not & will it fall within the ambit of Section 3(1) of Kerala Anti-Social Activities (Prevention) Act, 2007. No Action has been taken in this report so far by this respondent. Hence the approach of the petitioner by way of filing this Writ Petition is premature."
W.P.(C) No.34326/2015 So far, no order of detention has been passed against the petitioner. Even a challenge against the detention order at its pre-execution stage would arise when an order is already in existence. It is clear from the counter affidavit that no order of detention has so far been passed under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act. Hence, this Writ Petition is pre-mature. Accordingly, the Writ Petition is dismissed on the ground that it is pre-mature. K.T.SANKARAN JUDGE RAJA VIJAYARAGHAVAN.V.
JUDGE csl