Mohamed Sahibu and Others v. Ariyaratne and Others – sllr 1985 volume 1 page 146

In the case between Mohamed Sahib and others (owners and cultivators of lands served by village tanks) and Ariyaratne and others (including the Government Agent and related officials), the court addressed the issue of whether a Writ of Mandamus should issue to compel the Government Agent to maintain minor irrigation tanks in light of the Irrigation (Amendment) Act No. 48 of 1968, which assigns this responsibility to the Cultivation Committee. It was held that following the legislative amendments, the duty of maintaining the tanks vested in the Cultivation Committee and not the Government Agent. The court further found that the absence of necessary parties, specifically permit holders, and the petitioners’ delay and inaction (laches), rendered the application unsustainable. The court dismis