Mohamed Miya Hajamiyan vs Janaka Kumaragith Perera and others – CA IWRIT 0240/19-2021

In the case between Mohamed Miya Hajamiyan (Petitioner) and Janaka Kumaragith Perera, Kulakarasuriya Amanual Vichnses Nihal Fernando, the Urban Development Authority, and others (Respondents), the court addressed the issue of whether writs of mandamus and prohibition should be issued concerning approval for construction on public land and the prevention of demolition of the building in dispute. It was determined that the Petitioner failed to establish a prima facie case for these writs due to unexplained, substantial delay and the fact that the underlying demolition order from the Magistrate’s Court had not been challenged through proper appellate procedure. The principle was reaffirmed that judicial review by way of prerogative writs is discretionary and may be refused where there is dela