1956 Present Weerasooriya, J., and H. N. G. Fernando, J.

J. B. L. KARUNARATNE (Chairman, Town Council,
 Kochchikade), Appellant, and W. W. FERNANDO
et al.. Respondents

S. C. .54 (Inty.)-D. C. Negombo, T. C. I

Housing and Town Improvement Ordinance (Cap. 199)-Befssal by Chairman to-approve building plans-Scope of right of appeal By-laws.-Sections 5, 7, 16, 86.

 By-laws 3 and 4 enacted under the enabling powers conferred by section 28 of the Housing and Town Improvement Ordinance provide:-

"3. . . no person shall within a residential area, . . . . except with the written permission of the Chairman erect a building for the purpose of being used as . . . . a shop. .  . . .

4. Permission to erect a new building for any purpose set out in by-law 3 shall be refused by the Chairman unless the following conditons are fulfilled .

Held; (1) There is no right of appeal to the Tribunal of Appeal against the refusal of the Chairman to grant written permission under by-law 3.

(ii) Where application is made for the approval of plans for the erection in a residential area of any building referred to in by-law 3, the Chairman is bound

under section 7