1963 Present: Herat, J.

A. G. PEIRIS, Petitioner and K. V. M. GUNASEKERA and another
Respondents

S. C. 243 of 1963-In the matter of an Application for a Mandate
 in the nature of a Writ of Quo Warranto under Section 42 of
 the Courts Ordinance

Quo warranto-Refusal of writ on the ground, of futility.

A writ of quo warranto will not be granted if at the time of issuing the writ the grant of the writ has become, in the opinion of the Court, futile.

The petitioner applied for a writ of quo warranto on the ground that the 1st respondent was not the lawful holder of a certain appointment. Before the application was listed for argument the appointment of the 1st respondent was revoked by the appointing body (the 2nd respondent).

    Held, that, in the circumstances, the issue of the writ of quo  warranto was futile.

   APPLICATION for a writ of quo warranto.

                        H. W. Jayewardene, Q.C., with Nimal Senanayake and Prins Rajasooriya, for the Petitioner.

                        V. Tennekoon, Deputy Solicitor-General, with H. L. de Silva, Crown Counsel, for the Respondents.

Septembers, 1963. HERAT, J.-

           This is a