PENUGONDA VENKATARATNAM Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF KISTNA

JUDGEMENT

(1.) This is a rule calling upon "the Minister, Public Health, Government of Madras," to show cause why an order made by him on the 11 of March, 1929, should not be quashed on certiorari. The ground on which the rule was obtained may be shortly stated. The Nuzvid Union Board granted permission to a certain person to establish a rice mill within its jurisdiction. The Collector suspended the resolution of the Board, as, in his opinion, the establishment of a mill in the locality in question "was likely to be detrimental to public health". The Local Government passed proceedings under Secs.38 and 196 of the Local Boards Act (1920), on the 9 of June, 1928, directing that the Collector's order "shall continue in force permanently". Subsequently this order was rescinded on the 11 of March, 1929, the result being that permission to establish the mill was accorded. This rule was issued at the instance of certain residents of the locality who complained that they were prejudicially affected by the order in question. The point of law raised: by them is that the order impeached was one made without jurisdiction. They contend that there is no power of review: enabling the Local Government to rescind its order purporting to be "permanent" under Section 38.

(2.) The order was issued by "the Government, Ministry of Public Health."

(3.) Section 46 of the Government of India Act prescribes that the Presidency of Madras shall be governed, in relation to reserved subjects, by the Governor in Council, and, in relation to transferred subjects, by the Governor acting with Ministers. We are now concerned with a transferred subject.