THE Government's first use of an Emergency Control Order, which consigned seven tons of gourmet cheese to the dustbin following a single case of E-coli poisoning, was yesterday declared unlawful by a High Court judge. Mr Justice Moses found the order was ''affected by factors which amounted to no more than fears of administrative inconvenience''. James Aldridge, 59, of Godstone, Surrey, who faced ruin after his entire stock was impounded, now intends suing the Department of Health for a sum ''well into six figures''.