Subashini vs. OIC, Police Station Tissamaharama and Another – sllr 2014 volume 1 page 083

In the case between Subashini (petitioner/appellant) and the OIC, Police Station Tissamaharama (respondent), the court addressed whether jurisdiction under Section 66(1)(a) of the Primary Courts Procedure Act No. 44 of 1979 can be invoked when the Agricultural Development Act, specifically Section 90, prescribes a distinct remedy before a designated tribunal. The proceedings stemmed from a dispute over paddy land cultivation rights, with the appellant appealing against the dismissal of a writ application by the High Court. It was held that where a statute creates a right and stipulates a particular remedy or forum for enforcement, recourse must be had exclusively to the remedy so designated. The legal reasoning relied upon Mansoor vs. OIC Avissawella and the relevant statutory framework, r

REF: sllr 2014 volume 1 page 083 Category: Tag:
Scroll to Top