Ethugal Pedige Karunarathne v. Divisional Secretary et al. – CA WRIT APPLICATION NO: 274/2013-2015

The case between Ethugal Pedige Karunarathne (Petitioner) and The Divisional Secretary, Divisional Secretariat, Mahawewa, Chief Engineer Construction, Ceylon Electricity Board, Chilaw, and others (Respondents), addressed the issue of the maintainability of a writ application following the death of the 5th respondent, upon whose request the relief was originally sought. It was held that, in light of the 5th respondent’s death and the petitioner’s counsel indicating a lack of instructions to withdraw the application, the application had become futile and should not be continued. This determination reaffirmed the principle that courts may dismiss applications rendering no practical relief and emphasized judicial efficiency and avoidance of moot proceedings.

Vijith K. Malalgoda, PC. J. (P/CA)