Capt. Vithange Vibeeshan Pererea vs Lt. General Jagath Jayasuriya – CA WRIT APPLICATION NO. 985/08-2013

In the case between Capt. Vithange Vibeeshan Pererea and Lt. General Jagath Jayasuriya and others, the court considered a writ application relating to the petitioner’s grievance submitted to the Sri Lanka Army and the conduct of Army officers. It was determined that the Commander of the Army was in the process of considering the grievance at the time of hearing. Upon this disclosure, counsel for the petitioner sought leave to withdraw the application. The court granted the request, dismissing the application without costs. The principle endorsed was that judicial intervention may be rendered unnecessary where redress is being pursued through ongoing administrative proceedings, and voluntary withdrawal of proceedings warrants dismissal without an order for costs.

Anil Goonerathne J. — It