SAMYNATHAN v. WHITEHORN
1934 Present: Poyser J.
SAMYNATHAN v. WHITEHORN.
APPLICATION FOR A WRIT OF MANDAMUS ON THE
TEA EXPORT CONTROLLER.
Writ of mandamus-Application
to register name as proprietor of tea estate- Controller's decision to register
person in possession-Applicant's right to question decision by writ-Remedy open
by way of appeal-Ordinance No. 11 of 1933.
The decision of the Tea Export Controller given in a quasi-judicial character
cannot be questioned by a Writ of Mandamus.
The proper person to be registered as the proprietor of a tea estate under
section 12 (2) of the Tea (Control of Export) Ordinance, No. 11 of 1933, is the
person in possession of the estate.
When the Ordinance provides a remedy by way of appeal from the decision of the
Tea Export Controller, a writ of mandamus will not lie to reverse the decision.
THIS
was an application for a writ of mandamus on the Tea Export Controller directing
him to inquire into the title of the applicant to a tea estate and to register
his name as the lawful owner and proprietor of the estate.
L. M. D. de Silva, K.C. (with him Basnayake, C.C.), for Tea Controller,
respondent, objected to the appl
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.