RAMAKRISHNAN Vs. EXECUTIVE DISTRICT MAGISTRATE, TRICHUR

JUDGEMENT

(1.) The short question arising for decision in this writ application relates to the validity of a notification, Ext. P. 1, issued by the first respondent to this writ application purporting to be under S.18 of the Kerala Police Act (V of 1961). That section reads :

(2.) I do not think that I am called upon to decide in this case the question whether there should be a consultation with the Councilor whether a consultation with the Chairman or the Commissioner of the Municipality would be enough, in view of the pronouncements of the Supreme Court in State of U.P. v. Manbodhan Lal ( AIR 1957 SC 912 ) and U. R. Bhatt v. Union of India ( AIR 1962 SC 1344 ). A passage from the latter decision reads:

(3.) Assuming, therefore, that there is no consultation, I do not think, that by itself, would affect the validity of the notification Ext. P. 1.