Noel Dolton Warnakulasuriya Thamel and others Vs Mangala Don Lalith Devendra and others – CA WRIT 166/2012-2012
In the case between Noel Dolton Warnakulasuriya Thamel and Mahagama Vidanalage Anula Malani Serasinghe (petitioners) and Mangala Don Lalith Devendra along with members of the Debt Conciliation Board (respondents), the court addressed the issue of whether a writ application under Article 140 of the Constitution can be maintained before the Court of Appeal when the petitioners have already sought revisionary relief before the Debt Conciliation Board under section 54(1) of the relevant Act. It was held that, upon revelation of the petitioners’ invocation of the Debt Conciliation Board’s jurisdiction, the withdrawal of the writ application with liberty to file afresh was procedurally proper. This outcome reaffirmed the principle that parallel remedies should not be pursued concurrently within

