DOMINIC PRESENTATION Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Petitioner seeks to revise an order of the District Magistrate, Ernakulam, revoking an order under S.27 of the Kerala Police Act (hereinafter called 'the Act') and directing a building to be released to the third respondent. Rival suitors staked their claim to 'Chaitanya', which housed the office of the District Committee of the Indian National Congress. In view of the simmering situation generated by rival factions, the District Magistrate promulgated an order under S.27 of the Act on 3-1-1978 and renewed it, time and time again.

(2.) While so, third respondent obtained a declaratory decree and an injunction in OS 526/83, Subordinate Judge's Court, Ernakulam on 26-6-1984. One of the defendants therein moved for setting aside the ex parte decree, and it was set aside, on 20-12-1986. That order was revised by this court in CRP 273/1987, restoring the decree and putting the stamp of finality on the rival claims. What followed, is the order under challenge.

(3.) Learned counsel for petitioner Shri K. Ramakumar submitted that the order is amenable to the revisional jurisdiction of this court, that it reveals a total non application of mind or in the alternative an application of mind to extraneous considerations, and that the order is tainted by illegality. Counsel had a further case that the order emanated from an impermissible chemistry of S.27 and 23 of the Act. The arguments were sought to be supported by legal principles of mellow vintage, laced with precedents. Counsel pointed to the efflorescence of new hues on the horizons, from Wednesbury principle to doctrine of proportionality. Reliance was placed on the decisions in Smt. Venkataraman v. Union of India ( AIR 1979 SC 49 ), Suraj Pal v. State of Maharashtra ( 1986 (4) SCC 378 ), Nottinghamshire County Council v. Secretary of State ((1986) 1 All. ER 199), R. v. Inner London Education Authority ((1986) 1 All. ER 19), N. Chellappan v. The District Collector, Kozhikode ((1970) 1 ILR Kerala 146) and other authorities.