WIJESURIYA v. MOONESINGHE
1959 Present:
Sinnetamby, J.
D. W. WIJESURIYA et al, Petitioners, and S. K. MOONESINGHE
(Chairman, Panadura Urban Council), Respondent
S. C. 150-153 of 1959-In the, matter of Applications
for Writs in the nature of Writs of Mandamus
Mandamus-Public officer performing administrative or ministerial junctions- Duty
to exercise discretion according to law-Rules for exercising such discretion
-Urban Council-Conduct of business at meetings-Notice of motion given by
member-Wrongful refusal by Chairman to place it on agenda paper-Remedy of
member-Local Authorities (Standard By-laws) Act, No. 6 of 1952, By-laws 2 (b),
10 (b), 10 (c), 12.
A public officer should not act arbitrarily or capriciously
even where an administrative or ministerial, as distinct from a judicial or
quasi-judicial, power is vested in him. He has to exercise his discretion
according to law and a writ of mandamus will lie if the applicant establishes
either that the public officer "did not exercise any discretion in the
particular case or that he did exercise it upon some wrong principle of law or
that he had been influenced by extraneous considerations which h
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