TOMY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by Ext.P3 order dated 23.10.2013 issued by the Inspector General of Police, Kochi Range under Section 15(1) of the Kerala Anti-Social Activities (Prevention) Act. Before issuing Ext.P3 order, a show cause notice was issued to the petitioner. The petitioner submitted a reply to the show cause notice. Thereafter, without affording an opportunity of being heard to the petitioner, Ext.P3 order was passed against him, restraining him from entering into Idukki District for a period of one year.

(2.) After issuing show cause notice, evidently no opportunity of being heard was afforded to the petitioner. No date of hearing was fixed. Section 15(1) of the KAAPA provides for an opportunity of being heard by issuing a notice served on the person concerned.

(3.) In Julias Nikhithas V. Inspector General of Police, 2013 3 KerLT 623 it was held thus: