LAWS(KER)-1963-11-13

REV FR ANTONY Vs. HEALTH INSPECTOR

Decided On November 18, 1963
REV. FR. ANTONY Appellant
V/S
HEALTH INSPECTOR Respondents

JUDGEMENT

(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.) IN compliance with the memo the Health Officer wrote to Rev. Fr. Dennis Arasarkadavil on 26- 61963. That letter was in the following terms: "you are hereby requested to note that the prohibitory notice served on you on 30 51963 from this office was on the strength of the Public Health Act of 1955 and not on the Act of 1121 and that if the notice on the printed form already served on you had not been suitably modified by substituting '1955' instead of the printed matter '1121' the same may be treated as modified and read as '1955' instead of '1121'. " (Ext. P-4)