Martin and Another vs Assistant Commissioner of Agrarian Services and 2 Others – sllr 2011 volume 2 page 012

In the case between Martin and Another (appellants) and the Assistant Commissioner of Agrarian Services and Others (respondents), the court addressed the issue of whether a writ of mandamus under Section 26 of the Agrarian Services Act could be directed against a public officer who is not a natural person. The court held that such relief may only be granted against a natural person holding public office, thereby setting aside the High Court’s order which had directed the issuance of a certificate to the appellants. This decision reaffirmed the principle that writ jurisdiction for mandamus is confined to natural persons as office bearers. Precedents such as Haniffa and P.B.D. Dayarathne, as well as statutory interpretation, were relied upon to emphasize that mandamus cannot be issued agains