Kurukulasuriya Icinth Fernando (AKA) Himali Fernando vs. I.C.D. Wickamaratne et al. – 435/2020-2020

In the case between Kurukulasuriya Icinth Fernando (Petitioner) and C.D. Wickramaratne, Acting Inspector General of Police, Chrishantha Lokuge, HQI/Officer in Charge, Police Station Moratuwa, Jinadasa Rajapakshe, Secretary, State Ministry of Foreign Employment, and others (Respondents), the court addressed whether the Magistrate’s refusal to release the petitioner’s passport should be quashed by writ of certiorari and whether mandamus should issue to compel inquiries regarding proceedings initiated without statutory sanction. It was held that the petitioner, having an adequate alternative remedy by way of revision before the High Court, was required to exhaust that remedy prior to invoking writ jurisdiction. The decision reaffirmed that the extraordinary remedy of writ is discretionary and