Centre for Environmental Justice (Guarantee) Limited vs Conservator General – CA AP. NO. 671/2011-2013

In the case between Centre for Environmental Justice (Guarantee) Limited and the Conservator General, Department of Forest Conservation, among others, the court considered the petitioner’s oral application to withdraw the current proceedings with a reservation to file a subsequent application if necessary. It was held that withdrawal would be allowed on such terms, highlighting the principle that withdrawal of an application can be granted while reserving liberty to initiate further action on similar grounds. The decision rested on the court’s procedural discretion to ensure fairness, with the impact being that the petitioner’s claim was dismissed without costs, allowing the parties to re-litigate if fresh matters arise.

S. Sriskandarajah, J. — The oral application by the learned Preside