V K SADANANTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Government of Kerala have decided to name the District Hospital, Quilon as A.A. Rahim Memorial District Hospital" (vide Ext. P1 notification). Petitioner who describes himself as Vice President of the local District unit of Bharatiya Janatha party, challenges Ext. P1. Earlier he submitted a petition to the Chief Secretary of Kerala requesting him to withdraw the notification, but he did not accede to the request, petitioner has, therefore, filed this original petition for a writ of mandamus forbearing he Government from implementing Ext. P1. Learned single Judge before whom this original petition came up referred it to the Division Bench.

(2.) Shri. K. Ramakumar, learned counsel for the petitioner, urged for an immediate order of interim stay as a ceremony is being arranged this evening for the formal christening of the District hospital with the above name. Learned Advocate General opposed the prayer. Hence we heard arguments of both sides in detail.

(3.) Three reasons have been advanced in challenge of Ext. P1. First is that Ext. P1 was aimed at garnering the votes of a particular community during the erstwhile Sections to the local bodies and hence the notification is tainted by mala fides. Second is that Ext. P1 is bereft of any reason whatsoever. Being an administrative order, it should have been supported by reasons and hence Ext. P1 is invalid. The third point of attack is that government should have given preference to the names of some other departed leaders of Kerala who belonged to Quilon District if Government were desirous of naming the District Hospital after any political leader who belonged to Quilon. Petitioner mentioned the names of Messers C. Kesavan, T. M. Varghese, R.Sankar, C. M. Stephen and T. K. Divakaran and suggested that the name of anyone of them would have been more befitting to christen the District Hospital.