O.S. Perera v. Attorney General – sllr 1987 volume 2 page 054

In the case between O. S. Perera (Plaintiff/Appellant) and the Attorney-General representing the Republic of Sri Lanka (Defendant/Respondent), the court addressed whether public authorities, in refusing to issue a permit for the transportation of timber, breached a statutory duty. It was held that the imposition of unreasonable conditions by public authorities—specifically, requiring proof that felled timber could be matched with individual stumps over an extensive area—constituted a breach of statutory duty, entitling the plaintiff to damages. The decision reaffirmed that even where discretionary powers exist, the exercise of such discretion must be reasonable and not arbitrary, referencing the Forest Ordinance and related statutory provisions, and clarified that public authorities may be

REF: sllr 1987 volume 2 page 054 Category: Tag:
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