LAWS(KER)-2014-3-126

DURGA PRASAD Vs. STATE OF KEALA

Decided On March 10, 2014
DURGA PRASAD Appellant
V/S
State of Keala represented by Secretary (Home Department) Government Secretariat and Ors. Respondents

JUDGEMENT

(1.) EXT .P9 order dated 29.10.2013, issued by the Inspector General of Police, Kochi Range under Section 15(1) of the Kerala Anti -Social Activities (Prevention) Act, 2007 (hereinafter referred to as 'KAAPA') is under challenge in this Writ Petition.

(2.) A show cause notice was issued to the petitioner before passing Ext.P9 order. Thereafter, without affording an opportunity of being heard to the petitioner, Ext.P9 order was passed on 29.10.2013.

(3.) IN W.P.(C) No.2288 of 2013, we have also held that even if the Advisory Board decides the case against the person concerned or if the Advisory Board rejects the representation on the ground of limitation, the person concerned will be entitled to challenge the order passed by the authority under Section 15(1) of KAAPA in a Writ Petition under Article 226 of the Constitution of India.