1948 Present : Soertsz S.P.J.
 
VAITILINGAM, Appellant, and SIVAGURU (Village
Cultivation Officer), Respondent.
 
S. C. 597-M. C. Yavuniya, 20,939).

Irrigation Ordinance-Power to cut effacing-l across "paddy field-Payment of compensation-Hitless franked under Ordinance- -Ultra virus- Chapter 312, sections 7 and 11-Rule 21.
 
The Government Agent purporting to act under rule 21 of the rules framed under section J 1 of Chapter 312 of t he legislative Mincemeats orderable n channel to be cut across t he paddy Jailed of t he accused for the purpose of irrigating a tract of paddy fields. The accused blocked the colonel. He wax charged and convicted.
 
Held, that the rule did not empower the Government Agent to deprive a proprietor of his land without acquisition and compensation. Any rule purporting to do so would be ultra virus.
 
APPEAL from judgment of the Magistrate, Vavuniya. H. W. Jayawardene, for the accused, appellant. R. A. Kannangara, Crown Counsel, for the Attorney General.

Cur. adv. vult.

March 2, 1948. SOERTSZ S.P.J.-
 
This is a disturbing case, and, if the view taken by the Magistrate is correct, it means that persons entrus