Clinton Perera vs Jayaratne – sllr 2004 volume 3 page 024

In the case between Clinton Perera (Plaintiff) and Jayaratne (Defendant), the court addressed whether a writ of mandamus could be issued to compel land acquisition and compensation under the Land Acquisition Act when the transfer of possession arose from a private arrangement without a statutory mandate. It was held that the writ could not be issued under these circumstances, reaffirming the principle that mandamus lies only to enforce a statutory public duty, not a private agreement. The decision relied on statutory provisions of the Land Acquisition Act and established case law, emphasizing that the absence of a decision by the Minister for a public purpose precluded invocation of statutory powers for acquisition or payment. The application for mandamus was dismissed, clarifying that pri

REF: sllr 2004 volume 3 page 024 Category: Tag:
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