Dankoluwa Tea Estates, Ltd., V. The Tea Controller

 

1940     Present: Howard C.J.

 

DANKOLUWA TEA ESTATES, LTD. v. THE TEA CONTROLLER.

 

In re APPLICATION FOR A WRIT OF MANDAMUS

 

Tea Control Ordinance (Cap. 299), s. 15 (1) and (2)-Error in Standard produc­tion-Deduction of coupons-Retrospective effect of order-Powers of Board of Appeal-Writ of mandamus.

 

A writ of mandamus will not lie to compel the Tea Controller to issue coupons deducted by him on the ground that the deduction is illegal under proviso (b) to section 15 (1) of the Tea Control Ordinance, where there is a right of appeal to the Board of Appeal from an order under section 15 (1).

 

The words in section 15 (2) that the Board may on such appeal confirm the order seem to give the Board power to decide as to whether the. Controller has correctly interpreted the provisions of the section.

 

THIS is an application for a writ of mandamus on the Tea Controller.

 

E. F. N. Gratiaen (with him F. C. de Saram), for the petitioner.

}H. V. Perera., K.C. (with him J. E. M. Obeyesekera), for the respondent.

 

Cur. adv. vult

 

September 12, 1940. HOWARD C.J.-

 

This is an application by the Dankoluwa Estates Company, Limited, the petitioner, for the issue of a writ of mandamus directing the Tea Controller, the respondent, to issue to the petitioner 111,069 1b. tea coupons which have been wrongfully withheld from the petitioner. The facts so far as material for the decision of this application are as follows : - The standard crop of the petitioner was duly assessed for the periods

 

1933-1938 as specified in paragraph 4 of the petition and he received tea coupons on the basis of such assessments. By an order dated November 29, 1939, the respondent made an order under section 15 (1) of the Tea Control Ordinance (Chapter 299) reducing the assessment of the standard crop of the said estate on the ground that an error had been made in the previous assessments. The petitioner admitted this error which arose from a bona fide mistake in the previously declared extent of the said estate. In his order of November 29, 1939, the respondent on the basis of the revised acreage reassessed the standard crop for the years 1933-34, 1934-35, 1935-36, 1936-37, 1937-38, 1938-39, 1939-40. In accordance with such reassessment the respondent calculated that the total over-issue to the petitioner from 1933-34 to 1938-39 amounted to 111,069 1b. The coupons due to the petitioner for 1939-40 amounted to 330,314 1b. of which 286,650 1b. had been issued. The balance due for 1939-40 therefore amounted to 43,664 1b. which deducted from 111,069 1b. the over-issue, left a balance over-issue of 67,405 1b. In his order of November 29, 1939, the respondent stated that this amount of 67,405 1b. would be deducted from the fu

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