Arumugam Thiruchelvam Vs. Hon. Mangala Samaraweera and Others – CA WRIT APPLICATION NO: 262/2017-2018

In the case between Arumugam Thiruchelvam (for Arumugam Rajah, trading as “Galaxy Foods”) and Hon. Mangala Samaraweera (Minister of Finance) and others, the issue concerned the entitlement to writs of Certiorari, Prohibition, and Mandamus to invalidate certain Special Commodity Levy Gazette Notifications and a Revenue Protection Order. It was determined that significant and unexplained delay by the Petitioner in seeking judicial review rendered the application without merit, as equitable relief is not available where delay defeats the purpose or would unjustly enrich the Petitioner rather than benefit consumers. Reference was made to Biso Menika v. Cyril de Alwis (1982) regarding the impact of delay on equitable remedies. The decision reinforced that relief is unavailable where delay is in