Warnakulasuriya Alex Priyantha Fernando vs Nissanka Arachchige Apsara Preethi Sri Nissanka et al. – CA PHC APN 79/2011-2011

In the case between Warnakulasuriya Alex Priyantha Fernando (“Malkanthi”) and Nissanka Arachchige Apsara Preethi Sri Nissanka (Divisional Secretariat, Mahawewa) and others, the court addressed the issue of a revision application under Article 138 and Article 154P(6) of the Constitution and relevant statutory provisions concerning a writ application involving administrative acts by the respondents. It was held that, upon application by counsel for the Petitioner, permission to withdraw the petition was granted, leading to the dismissal of the petition without costs. This decision reaffirmed the principle that appellate proceedings may be terminated upon a party’s request to withdraw, so long as the court is satisfied to do so, without adverse cost consequences. The judgment relied on proced