Siriwardena v. Hon. Chelliah Kumarasuriar, Minister of National Housing and Construction and Others – sllr 1995 volume 1 page 050

The case between SIRIWARDENA (plaintiff) and Hon. Chelliah Kumarasuriar, Minister of National Housing and Construction, and Others (defendants) addressed the validity of a vesting order issued under Section 17(1) of the Ceiling on Housing Property Law, No. 1 of 1973. The court held that the Minister’s issuance of a vesting order, prior to the determination and proper notification of a tenant’s application by the Commissioner, constituted action taken ultra vires and in excess of statutory jurisdiction. It was established that adherence to procedural requirements, including notification and completion of inquiry by the Commissioner, is mandatory before such orders are made. The decision reaffirms the principle that administrative acts performed without compliance with procedural due process