Niyad vs State Of Kerala
2024 Latest Caselaw 14423 Ker

Kerala High Court

Niyad vs State Of Kerala on 31 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
                   THE HONOURABLE MR. JUSTICE S.MANU
      FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 16177 OF 2024


PETITIONER :-

          NIYAD, AGED 39 YEARS
          S/O HABEEB, N.N.COTTAGE, KADATHUR P.O, THAZHAVA,
          KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690523

          BY ADV M.H.HANIS


RESPONDENT :-

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

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
          ADDL. STATE PUBLIC PROSECUTOR(AG-28)
          SRI.K.A.ANAS, PP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16177 OF 2024
                                  2

                            JUDGMENT

A.MUHAMED MUSTAQUE, J This is a successive writ petition. The first writ petition was

filed by the mother of the petitioner challenging the detention

order; this Court dismissed it.

2. Now the petitioner, who is the detenu himself has

come up with this writ petition challenging the confirmation

order. The detention order and the confirmation order are

invoking the statutory provision. The detention order and

confirmation orders cannot be challenged in piecemeal. This

Court has dismissed the earlier writ petition. Now the petitioner

cannot challenge the confirmation order in another writ petition

as both are related to the detention, as substantial challenge

is against the detention. If that be the case, the second writ

petition is not maintainable.

This writ petition is dismissed accordingly.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

S.MANU SMA JUDGE WP(C) NO. 16177 OF 2024

APPENDIX OF WP(C) 16177/2024

PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 07.03.2024 IN W.P.(CRL.) NO. 85/2024 OF THIS HON'BLE COURT

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

615/2024/HOME DATED 29.02.2024