1949 Present . Windham J.

MOHAMEDU, Petitioner, and DE SILVA, Respondent

S. C. 50-APPLICATION FOR A WRIT OF MANDAMUS ON

D. R. DE SILVA, CHAIRMAN, URBAN COUNCIL,

PANADURA

Writ of Mandamus-Available only to compel the doing of a duty which has not been done-Not available to undo- an act already done, though irregularly Butchers Ordinance (Cap. 201), s. 7 (1) (2).

The first respondent, who was the Chairman of an Urban Council, issued a butcher's licence to the second respondent although no formal application for it had been made by the latter. According to section 7 (1) of the Butchers Ordinance, as amended by Ordinance No. 44 of 1947, every person who desires to obtain a butcher's licence should make formal application and, thereafter, the licensing authority should, as required by section 7 (2), publish a notice in the Gazette calling for objections, if any, to the issue of such licence.

In an application for a writ of mandamus upon the first respondent, calling upon him to publish a notice in the Gazette in terms of section 7 (2)-

Held, that the remedy of mandamus is only available to compel the doing of a duty which has not been done.