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WIJESURIYA v. MOONESINGHE


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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