H.B. Wickramarathne vs. The Hon. Attorney General – CA PHC/APN/46/2013-2014

In the case between H.B. Wickramarathne (Petitioner) and The Hon. Attorney General (Respondent), with W.I.S. Kumara Wickramarathne as Appellant-Respondent, the court addressed the withdrawal of a petition/application and the consequent determination on costs. It was held that, upon the request for withdrawal by the Petitioner’s counsel and absence of objection from the State Counsel, the application for withdrawal could be allowed. Accordingly, the petition was dismissed without an order for costs. The decision reinforces the principle that consensual withdrawal of proceedings, without opposition from the respondent, may be granted with no order as to costs by the court, emphasizing judicial discretion in such procedural matters.

K.T. Chitrasiri J. — It was determined that, following the