Danapala v. Weerawardene.
Present: Hearne J.
DANAPALA v. WEERAWARDENE.
737—M. C. Colombo, 65,330.
Omnibus—Remaining in omnibus parked in public stand—Regulation under
Motor Car Ordinance not ultra vires—Power of Court to question
validity of regulation—Ordinance No. 20 of 1927, s. 53, reg. 8. •
Where a person was charged with having remained in an omnibuswhile it was parked in a public stand in breach of regulation 8, framedunder section 53 of the Motor Car Ordinance, No. 20 of 1927, which wasas follows : “ Regulations may be made, at the request of the licensingauthority concerned, prohibiting, restricting, or regulating the parkingof motor cars in an urban area
Held, that the regulation was not ultra vires.
Held, further, that the validity of the regulation cannot be questionedin a Court of law.
Seyappa Chetty v. Municipal Council, Kandy (1913, 17 N. L. R. 195)and Perera v. Fernando (17 N. L. R. 494) followed.
HE ARNE J.—Danapala v. Weerawardene.
^^PPEAL from a conviction by the Municipal Magistrate of Colombo.
A. P. de Zoysa, for accused, appellant.
E. H. T. Gunasekara, C.C., for complainant, respondent.
Gur. adv. vult.
ebruary 7, 1939. Hearne J.—
The accused was charged before the Municipal Court of Colombo with
iving remained in omnibus No. X 4194 at the Fifth Cross street omnibus
and in breach of regulation 8 of the regulations, framed under section 53of Ordinance No. 20 of 1927, and was convicted of an offencepunishable under section 84 of the said Ordinance. The regulations havebeen duly published.
Regulation 8 reads: “ No person shall remain or be allowed to remainin'any part of a public stand, or in any omnibus or motor car whileit is parked in a public stand unless he is—
the driver, conductor, or owner of an omnibus or motor cab parked
at that stand, or
a person engaged in repairing any damage to any such omnibus or
motor cab, or
a bona fide passenger travelling or intending to travel by any such
omnibus or motor cab.”
The relevant portion of section 53 of Ordinance No. 20 of 1927 is asfollows: —
“Regulations may be made, at the request of the licensing authorityconcerned, prohibiting, restricting or regulating the parking of motor carsin an urban area.”
The accused did not come within the excepted categories mentioned inregulation 8 but it is claimed on his behalf that the regulation is ultravires section 53 of the Ordinance and is unreasonable. It is stated thathe is an Inspector employed by the Company which owns bus No. X 4194and, so far as he is concerned, the regulation is oppressive.
On the latter question I am unable to express an opinion as the accuseddid not choose to give evidence. I do not know the precise nature of hisduties and on appeal it could not be stated either that he could onlyperform his duties on the bus when parked in a public stand or even thatit was the most convenient place for him to perform his duties.
Apart from this I am of the opinion that the regulation is not ultra vires.As section 53 enables a regulation to be made in order to restrict theparking of vehicles in an urban area, it may impose conditions subjectto which parking in a public stand is permissible, and having regardto the object of the regulation which is, as I understand, to curb theactivities of touts, it is not unreasonable to exclude from a public standor a bus therein all persons other than the owners of buses, passengersand those who have legitimate duties in connection with the running ofbuses.
I may add although it is unnecessary to decide^ the question that I takethe view that the validity of the regulation cannot be questioned in a'Gourtof law. It is presumed that the provisions of section 87 of the principal
Morris v. Morris.
Ordinance as amended by section 30 of Ordinance No. 22 of 1929 havebeen complied with: this being the case the regulations in question mustbe deemed to have the direct sanction of the Legislature and to be of “ fullforce and effect” in law. (Institute of Patents Agents v. LockwoodSeyappa Chetty v. Municipal Council, Kandyand Perera v. Fernando'.)
The appeal is dismissed.
DANAPALA v. WEERAWARDENE