Fasil vs State Of Kerala
2024 Latest Caselaw 13185 Ker

Kerala High Court

Fasil vs State Of Kerala on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WP(C) NO. 17170 OF 2024
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                         &
                      THE HONOURABLE MR. JUSTICE S.MANU
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                           WP(C) NO. 17170 OF 2024
PETITIONER/S:

            FASIL
            AGED 31 YEARS
            S/O MUHAMMED, EDATHIPOYIL HOUSE, VATAYAM POST, KAKKATTIL,
            VADAKARA, KOZHIKODE,, PIN - 673507

            BY ADV M.H.HANIS



RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME (SSA)
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001



            SRI.K.A.ANAS (PP)


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17170 OF 2024
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                                    JUDGMENT

Dated this the 23rd day of May 2024

A.Muhamed Mustaque, J.

The petitioner suffered detention under the Kerala Anti-Social

Activities (Prevention) Act, 2007. Petitioner's wife challenged

detention in W.P.(Crl.)No.133/2023. This Court did not interfere with

the detention. On expiry of the detention period, the detenu has

come up with this writ petition challenging Ext.P2 Government Order

affirming the detention order invoking the provisions of Section

10(4) of KAAPA Act. According to the petitioner, this order was not

questioned by his wife in the earlier writ petition and therefore

second writ petition is pefectly maintainable.

2. Petitioner submits that the Government had not applied

its mind while confirming the order under Section 10(4) of KAAPA

Act as to the period of detention. It is to be noted that the petitioner

now questions order of confirmation. In fact, his attempt is to re-

open the earlier judgment of this Court. One cannot maintain

separate challenge in a piecemeal against the detention by way of a

different writ petitions. This order was also available at the time of

challenge raised against the detention order. Piecemeal challenge WP(C) NO. 17170 OF 2024

arising out of the same proceedings cannot be entertaied though the

issue may not have directly or indirectly decided in the earlier writ

petition.

Therefore, we are of the view that there is no scope for

interfering in this writ petition.

SD/ A.MUHAMED MUSTAQUE JUDGE

sd/

S.MANU JUDGE

jm/ WP(C) NO. 17170 OF 2024

APPENDIX OF WP(C) 17170/2024

PETITIONER EXHIBITS

Exhibit -P1 A TRUE COPY OF THE JUDGMENT DATED 15.03.2024 IN W.P.(CRL.) NO. 133/2024 OF THIS HON'BLE COURT

Exhibit -P2 A TRUE COPY OF THE ORDER G.O.(RT) NO.

220/2024/HOME DATED 19.01.2024