High CourtsDivision Bench

Jomon P Alias vs State Of Kerala

High Court Of Kerala · Decided on 6 March 2024 · Citation: (2024) 03 KL CK 0057

HON’BLE JUDGES
A.Muhamed Mustaque, J · Shoba Annamma Eapen, J
ACTS & SECTIONS REFERRED
Kerala Anti-social Activities (Prevention) Act, 2007 — Section 15(ii)
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl ) No. 239 Of 2024
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Judgment

5 paragraphs · 185 words

A. Muhamed Mustaque, J

1.

The petition was filed challenging the externment order passed under the Kerala Anti-social Activities (Prevention) Act, 2007 (for short “KAAPA Act”). By the impugned order, the petitioner has been restrained from entering into the Ernakulam Rural District for a period of six months from the date of order. The order was issued on 19.12.2023.

2.

The Advisory Board did not consider the representation as there was a delay in preferring the representation under Section 15(ii) of the KAAPA Act. This is how, the petitioner has approached this Court.

3.

The petitioner now submits that his mother is alone at home. His brother and father passed away and no one is at home to take care of his mother. In such circumstances, we are of the view that when the petitioner appears to be the only breadwinner, the impugned order can be confined to in operation till today. Hereafter, the petitioner shall report before the Station House Officer, Ramamangalam Police Station on every Sunday at 11 am for a period of two months.

The W.P. (Crl.) is disposed of as above.