Mohamed & Co., V. The Controller Of Textiles

1947 Present; Howard C.J.

MOHAMED & CO.,

Petitioner, and THE CONTROLLER
OF TEXTILES, Respondent.

S. C. 75-Application for a Writ of Certiorari on the Controller
of Textiles.

Certiorari-Defence (Control of Textiles) Regulations-Cancellation of licence- Regulation 62-Dealer not heard in his defence-Controller not acting judicially-Rule absolute.

Where the Textile Controller acting under regulation 62 of the Defence (Control of Textiles) Regulations cancelled the licence granted to the petitioner on the ground that a fraud had been committed by him without giving the petitioner an opportunity of being heard in his defence-

Held, that a writ of Certiorari would lie.

APPLICATION for a writ of Certiorari on the Controller of Textiles,

H. V. Perera, K.C. (with him C. Suntheralingam), for the petitioner.

H. W. R. Weerasooriya, C.C. (with him Walter Jayawardene, C.C., and Douglas Jansze, C.C.), for the respondent.

Cur. adv. vult.

September 19, 1947. HOWARD C.J.-

The petitioner who is a dealer in textiles applies for a mandate in the nature of a Writ of Certiorari under section 42 of the Courts Ordinance against the

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