Hapuarachchige Hapuarachchi vs Pathirana – CA PHC 89/2006-2013

The case between Hapuarachchige Hapuarachchi (Appellant) and Pathirana (Land Commissioner), M.K. Herath (Divisional Secretary, Talawa), and the Hon. Attorney General (Respondents) addressed the issue of the procedural status of an appeal following the appellant’s application for withdrawal and the subsequent failure to pay the required brief fees. It was determined that, although the appellant attempted to withdraw the appeal at an earlier stage, the absence of a properly constituted bench precluded a formal order at that time. The court held that the appeal stands rejected due to non-payment of brief fees, reaffirming the principle that procedural compliance, including payment of statutory fees, is essential for the continuation of appellate proceedings. This determination was grounded in