Abdul Thassim V. Edmund Rodrigo, (Division Court)

1947 Present : Howard C.J., Keuneman, Wijeyewardene,
Canekeratne JJ. And Nagalingam A.J.

ABDUL THASSIM, Petitioner, and EDMUND RODRIGO
(controller of Textiles) , Respondent.

167-Applicaton for a Writ of Certiorari against the
Controller of Textiles

Writ of certiorari - Regulation 62 of Defence (Control of Textiles) Regulations, 1945-Judicial nature of Textile Controller's duty-Courts Ordinance )Cup. 6), s. 42-Meaning and effect of words "or other person or tribunal" and "according to law"- Scope of the rule of ejusdem generis.

The Controller of Textiles, when he exercises functions under Regulation 62 of the Defence (Control of Textiles) Regulations, 1945, is a "person or tribunal that he can only act when he has "reasonable grounds" indicates that he is acting judicially and not exercising merely administrative functions. He is, therefore, amenable to a mandate in the nature of a writ of certiorari.

The ejusdem generis rule cannot be applied in the interpretation of the words "or other person or tribunal" which appear in section 42 of the courts Ordinance.

The writs specified in section 42 of the Courts Ordinance are unknown to Roman-Dutch and Ceylon law and should be issued according to English law.

CASE heard by a Bench of five Supreme Court on an order made by Soertsz A.C.J. under section 51 of the Courts Ordinance in a matter referred to his Lordship by Wijeyewardene J. by the following judgment:-

"This is an application for mandate in the nature of a Writ of Certiorari against the Controller of Textiles.

"The Attorney-General takes a preliminary objection that the supreme Court cannot grant this application, ass he contends that the Controller of Textiles is not 'a person or a Tribunal' within the meaning of section 42 of the Courts Ordinance, when he exercises functions under Regulation 62 of the Regulations published in the Government Gazette No. 9.388 of March 28, 1945. He contents further that the jurisdiction of this Court is not so extensive as that English Courts and that this Court cannot issue such writs even against persons or tribunal' in the Courts Ordinance would refer only to such persons or tribunals as are referred to in section 9 of Ordinance No. 1of 1897 or in section 85 of the Housing and Town Improvement Ordinance. The Counsel fro the petitioner contests the soundness of the argument.

"The interpretation of the words 'other person or tribunal' in section 42 of the Courts Ordinance has been the subject of conflicting views and is this question arises often on applications that section I direct that the matter be submitted to His Lordship the Acting Chief Justice for such action as he may wish to take under section 51 of the Courts Ordinance.

"The Attorney-General desires me to note that he does not concede that the Controller of Textiles quasi-judicial functions and that his submission will be that the functions of that official are purely executive".

H. H. Basnayake, k. C. Acting Attorney-General (with him Walter Jayawardene, C.C. and H. Deheregoda, C.C.) for the respondent .-The question fro determination is whether the Controller of Textiles acting under regulation 62 of Defence (Control of Textiles Regulations, 1945), published in the Government Gazette No. 9,388 of March 28, 1945, is amenable to the writ of Certiorari.

The Supreme Court is empowered to issue various writs under section 42 of the Courts Ordinance (Cap. 6). Section 42 contemplates the issue of the writs therein mentioned including certiorari only against "any District Judge, Commissioner, Magistrate or other person or tribunal". The Controller of Textiles exercising powers under regulation 62aforemenitoned does not come within the category of "other person or tribunal " as contemplated must be of the same class, category, or genus as the District Judge, commissioner, or Magistrate.

The power given to the Supreme Court

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