Don Charles Themiya Sirimanne v. Nirmal Siripala De Silva, MP, et al. – CA WRIT 177/2016-2016

In the case between Don Charles Themiya Sirimanne (Petitioner) and Nirmal Siripala De Silva, MP, Civil Aviation Authority of Sri Lanka, H.M.C. Nimalasiri, and Mihin Lanka (Private) Ltd (Respondents), the court addressed the issue of whether a writ of mandamus should be issued directing the Civil Aviation Authority and its Director General to investigate incidents reported by the petitioner in August 2015. It was held that, with the Director General’s willingness to now investigate the petitioner’s complaints and the statutory duty attached thereto, there was no basis to grant mandamus. The principle reaffirmed was that judicial intervention by writ is unwarranted where the public authority is presently undertaking its statutory duty. Reliance was placed on the conduct of the authority and