071-NLR-NLR-V-70-CEYLON-MINERAL-WATERS-LTD.-Petitioner-and-DISTRICT-JUDGE-ANURADHAPURA-and-3.pdf
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ABEYESUNDERE, J.—Ceylon Mineral Waters Ltd. «'• District
Judge, Anuradhapura
Present: Abeyesundere, J., and G. P. A. Silva, J.
CEYLON MINERAL WATERS, LTD., Petitioner, andDISTRICT JUDGE, ANURADHAPURA, and3 others, Respondents
S. C. 457165—Application for Writs ofCertiorari and Prohibition
Certiorari—Prohibition—Applications made prematurely—Effect.
An application for Writs of Certiorari and Prohibition should not bnmade prematurely.
Application for Writs of Certiorari and Prohibition.
E. R. 8. R. Coomaraswamy, with Nimal Jayaicnrdene and AnilObeyesekera, for the Petitioner.
8. D. Jayawardene, for the 4th Respondent.
March 4, 1966. Abeyesundere, J.—
The application made by the petitioner for Writs of Certiorari andProhibition is premature. At the present moment there is no order ofthe District Court of Anuradhapura to be reviewed by this court and sothere is no reason to issue a writ of certiorari. As there is no evidence toshow that the District Court of Anuradhapura is about to determine theclaim made to the motor car seized in execution of the decree of thatCourt, no writ of prohibition can be issued. We therefore dismiss thepetition. The dismissal of this petition should not be considered as abar to the petitioner, if so advised, filing a new petition in appropriatecir cumstances.
G. P. A. Silva, J.—I agree.
.4pplication dismissal.