MUHAMMED SHAH ALSO KNOWN AS MYLAKKAD SHAH, S/O. ABDUL RAHIMAN AR HOUSE, MYLAKKAD P.O. KOLLAM Vs. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, THIRUVANANTHAPURAM PIN: 695001,

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader. This writ petition has been filed challenging the detention order dated 30.6.2012 passed by the 2nd respondent, District Magistrate, Kollam, under Section 3 of the Kerala Anti -social Activities (Prevention) Act, 2007 (for short, KAA(P)A) for detaining the petitioner, after finding him to be a known goonda.

(2.) LEARNED counsel for the petitioner and the learned Government Pleader rightly agree on the point that the detention order passed against the petitioner has not attained finality in view of the facts that the 2nd respondent himself thought it fit to receive further orders from the Government on the detention order passed by him and still the decision by the Government on the matter is awaited. Since the detention order has not attained finality, it is only just and proper to wait for the final orders to be passed by the Government on the matter. It is also just and proper that till the Government passes such orders on the matter, the detention order passed by the 2nd respondent has to be kept in abeyance. In the result, the detention order dated 30.6.2012 passed by the 2nd respondent under Section 3 of KAA(P)A for detaining the petitioner shall be kept in abeyance till the Government, 1st respondent, passes orders on the reference made by the 2nd respondent on the matter. The 1st respondent is directed to communicate such orders passed on the reference so made by the 2nd respondent to the petitioner as and when it is passed.