H. M. Imports and Exports Lanka Private Limited vs Divisional Secretary – CA 44/2012-2012

The case between H. M. Imports and Exports Lanka Private Limited (operating Gratia Restaurant, Nuwara Eliya) and the Divisional Secretary, Divisional Secretary’s Office, Nuwara Eliya, H.D.A.P. Borelessa, Commissioner General of Lands, Director General of Agriculture, Department of Agriculture, Hon. Janka Bandara Tennakoon, Minister of Lands, Hon. Mahinda Yapa Abeywardene, Minister of Agriculture, and Hon. Attorney General addressed the issue of withdrawal of a writ application with liberty to refile. It was held that, upon application by the petitioner’s counsel and absence of objection by the respondents, the writ application could be withdrawn with liberty to file afresh if desired. The principle reaffirmed is that a court may grant leave for withdrawal of proceedings on appropriate appl