Marimuttu V. Commissioner For Registration Of Indian And Pakistani Residents

1956 Present : Gratiaen, J., and Gunasekara, J.

S. K. MARIMUTTU, Appellant, and COMMISSIONER FOR REGISTRATION
OF INDIAN AND PAKISTANI RESIDENTS, Respondent

S. C. 101-Indian and Pakistani Residents (Citizenship) Application No. Z 3,079

Indian and Pakistani Residents (Citizenship) Act No. 3 of 1949-Sections 9 and 20- Application for citizenship-Refusal under Section 9-Notice by registered post-Effect of non-delivery-" Shall be deemed".

A registered letter was posted to an applicant for citizenship informing him, under section 9 (1) of the Indian and Pakistani Residents (Citizenship) Act, that unless he showed cause within three months his application would be refused. As the applicant was temporarily absent from his place of residence the letter never reached him and was returned to the Commissioner as " unclaimed ".

Held, that the words '" shall be deemed to have been duly served " in section 20 rendered the mere act of posting the registered letter equivalent to personal service ; accordingly, the proved non-receipt of the letter could not assist the applicant in re-opening the matt

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