H. G. FKRNANDO, C.J.—Jttnaul v. Gooneicardenc
Present: H. N. G. Fernando, C.J., and Thamotheram, J.
A. R. M. JUNAED, Petitioner, and D. G. M. GOONEWARDENE(Chairman, Godapitiya Village Council), Respondent
S.C. 28/71—Application for a Mandate in the nature of a Writ of Mandamus
Butchers Ordinance—Application made to a Village Council for licences thereunder—-Whether it can be affected by the Council’s decision to establish its own butchers'stalls—Mandamus.
A decision of a Village Council to establish its own slaughter house and butchers’stalls aod to let them hy calling for tenders cannot, by itself, modify the rightwhich porsons have under the Butchers Ordinance to apply for licencos andto be issued such licences unless they are refused on proper and reasonablegrounds referred to in the Butchers Ordinance.
.APPLICATION for a Writ of Mandamus.
M. S. M. Naseem, with M. Sivananthan, for the petitioner.
P.A. D. Samarasekera, for the respondent.
July 4, 1971. H. N. G. Fernando, C.J.—
The facts of this case appear to be on all fours with those in the case ofNoordeen v. Chairman, Village Committee, Godapitiya1 decided byWijeyewardene, J. (44 N.L.R. page 294). Here also the Village Councilhas decided to establish its own slaughter house and butchers’ stalls andto let them by calling for tenders. Such a decision cannot modify theright which persons have under the Butchers Ordinance to apply forlicences and to be issued such licences unless they are refused on properand reasonable grounds referred to in the Butchers Ordinance. .
If it is the case for the Village Council that they have power to makerules which can restrict the right conferred by the Butchers Ordinance,then the Committee should if so advised make the necessary rules. Untilthen, the mere decision of the Committee cannot be a proper ground forthe refusal of licences under the Butchers Ordinance..
Let a Mandamus issue aB prayed for by the petitioner. The petitioneris entitled to costs fixed at Rs. 105.
Thamotheram, J.—I agree.
> (1943) 44 N. L. R. 294.
A. R. M. JUNAID, Petitioner, and D. G. M. GOONEWARDENE (Chairman, Godapitiya Vil