M.S.M. Fawusar vs Jebaraj Krishnamoorthy – CA WRIT APPLICATION NO:174/2019-2021

In the case between M.S.M. Fawusar and Jebaraj Krishnamoorthy (Food Commissioner, Food Commissioner’s Department), the court addressed the issue of whether a Writ of Certiorari should be issued to quash a “quit notice” served on the petitioner under the Government Quarters (Recovery of Possession) Act No. 7 of 1969. The court held that prerogative relief in the nature of certiorari was not available, as the dispute arose from a contractual tenancy between the parties, and not a public law matter. It was reaffirmed that remedy under writ jurisdiction is inapplicable where the parties’ relationship is fundamentally contractual, even involving government quarters, and that statutory remedies are the appropriate recourse. This decision was based on relevant statutes and established case law, e