1. The learned Amicus Curiae Sri. V. Ramkumar Nambiar submitted a memo raising the following questions:

“Further S.10.7 deals with the penalties for establishing and maintaining a mental health establishment in contravention of the provisions of this Act. Here it is pertinent to note that S.107(3) postulates that the penalty under this section shall be adjudicated by the State Authority. S.107(4) further states that the failure to pay the penalty would enable the District Collector to recover the same from such persons or mental health establishment as if it were an arrear of land revenue. It is therefore clear that the penalty imposed can be recovered as arrears of land revenue by the District Collector. However when we come to S.108 and S.109 which deal with punishment for contravention of the provisions of the Act, it is stated that any person who contravenes any of the provisions of this Act, or of any rule or regulation made there under shall f