Singho Mahatmaya V. The Land Commissioner

1964 Present: H. N. G. Fernando, J., and G. P. A. Silva, J.

M. R. SINGHO MAHATMAYA, Appellant, and THE LAND COMMISSIONER, Respondent

S. C. 148/1961-D. C. Colombo, 7621

Land Redemption Ordinance-Section 3-Acquisition of land thereunder-Remedy of owner-Land Commissioner not a corporation sole-Immunity from being sued nomine officii-Certiorari.

      In an action instituted against the Land Commissioner for the purpose of obtaining from the Court a declaration that a certain land Was not liable to be acquired in terms of the Land Redemption Ordinance-

     Held, (i) that the Land Commissioner cannot be regarded as a corporation sole and, therefore, cannot be sued nomine officii.

            (ii) that the appropriate remedy of the plaintiff was by Way of an application for Certiorari.

    Observations on the procedural difficulties which Would arise in practice if the Land Commissioner is sued in any case eo nomine.

APPEAL from a judgment of the District Court, Colombo.

                 H. V. Perera, Q.C., with Nimal Senanayake and Bala Nadarajah, for the Plaintiff-Appellant.

                Mervyn Fernando, Crown

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