Nirosha Shashipriya Francis vs D.G.M.V Hapuarachchi – CA WRIT NO.246/2011-2013

In the case between Nirosha Shashipriya Francis (Plaintiff) and D.G.M.V Hapuarachchi, The Commissioner General of Excise, G.M. Jopius, Divisional Secretary, Badulla, and the Hon. Attorney General (Defendants/Respondents), the court addressed the permissibility and conditions of withdrawing a writ application by the petitioner in the Court of Appeal of Sri Lanka. It was held that the withdrawal of the application would be allowed without objection from the respondents, and the matter was dismissed pro-forma without imposition of costs. The decision reaffirmed the procedural principle that, absent objection, withdrawal of an application may be approved and costs may not be ordered against the withdrawing party.

S.Sriskandarajah J. — It was determined that as the counsel for the petitioner