Godakankanamlage Don Dayananda et al. vs Provincial Land Commissioner et al. – CA 422/2013-2014

In the case between Godakankanamlage Don Dayananda, Godakankanamlage Don Suresh Sri Priyankara Dayananda and the Provincial Land Commissioner, Divisional Secretary (Nuwaragam Palatha), Municipal Council (Anuradhapura), Municipal Commissioner (Anuradhapura), and J. K. W. Sumanawathie, the court addressed the issue of whether the petitioners’ application should be dismissed upon their request to withdraw it. It was held that leave to withdraw the application was granted, resulting in the dismissal of the case without an order for costs. This decision reaffirmed the procedural principle that an application may be withdrawn at the request of the applicant, subject to the court’s discretion, and endorsed that costs need not necessarily be imposed upon withdrawal.

Anil Goonerathne J. — It was