GOPALAN NAMBIYAR, C.J.

These writ petitions challenge he vires of R. 10 of the Kerala Food Adulteration Rules. In respect of the contravention of the said Rule, these was a criminal prosecution of the petitioners in these writ petitions. The validity of the Rule was canvassed in revision proceedings before this Court under S. 482 of the Cr.P.C. The Rule was upheld - vide Gopinathan Nair v. Executive Officer, Anikad (1975 Ker LT 549) : (1976 Cri LJ 171). These writ petitions are now filed to declare the Rules ultra vires.

2. The learned Advocate-General placed before us the decision of this Court reported in 1975 Ker LT 549 : (1976 Cri LJ 171). He also cited the Supreme Court decision in Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat, (AIR 1970 SC 1) where it was ruled by the Supreme Court that where on the revisional jurisdiction, the High Court dismisses the revision after hearing both the parties, the order of the appellate court becomes merged with the order made in revision, and thereafter the appellate order cannot be challenged or attacked by another set of proceedings in the High Court under Art. 226 or 227 of the Constitution. The principle of merger