Muthukumaru Kathiravelu vs Emelda Sukumar – CA WRIT APPLICATION NO. 674/2010-2013

In the case between Muthukumaru Kathiravelu (Petitioner) and Emelda Sukumar (Government Agent, District Secretariat, Jaffna) with other public officials and Maheswary Foundation (Respondents), the court addressed whether public officials violated the Mines and Minerals Act by compelling applicants to pay the Maheswary Foundation in order to obtain sand transport permits. It was held that this requirement was unauthorized and illegal, reaffirming the principle that public officials must act strictly within the powers granted by statute. The decision was grounded on the Mines and Minerals Act, emphasizing that permits for sand transport cannot be conditioned on payments to any private entity not recognized by law, and the proper statutory procedure must be followed.

P.W.D.C. Jayathilake J.