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SAMYNATHAN v. WHITEHORN


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




































































































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