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1963 Supreme(Ker) 292

M.S.MENON, M.MADHAVAN NAIR
REV. FR. ANTONY – Appellant
Versus
HEALTH INSPECTOR – Respondent


Judgment :-

1. This is a petition by the Vicar of the St. Francis Assisi Church, Thykal, in the Sherthallay Taluk. The petition questions the validity of Ext. P-1, an order of the 1st respondent dated 30-5-1963, and prays for a writ of certiorari quashing the said order under Art.226 of the Constitution. .

2. The 1st respondent is the Health Officer of the Sherthallay Taluk. The 2nd respondent is the State of Kerala represented by the Chief Secretary to Government, Trivandrum. Respondents 3 to 7 were brought on record in pursuance of the order in C. M. P. No. 7015 of 1963. They are persons interested in supporting the order.

3. The statute under which Ext. P-1 was issued is stated therein as the Travancore Public Health Act, 1121. Ext. P-1 is in a printed form and space is available therein for inserting the relevant section of the Act. That space was left unfilled. It is common ground that the Travancore Public Health Act, 1121, was not in force when Ext. P-1 was issued.

4. On 20-6-1963 the Health Officer-the successor to the officer who issued Ext. P-1-addressed the District Medical Officer of Health, Alleppey, as follows:

"I am enclosing herewith a copy of each of the prohibitory no





























































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