Kingsley Fernando v. Dayaratne and Others – CA WRIT APPLICATION NO. 129/2017-2021

In the case between The Superior Regular of the Society of Jesus in the Diocese of Trincomalee (plaintiff) and respondents including Hon. John Amaratunga, Minister of Lands, and the Commander of the Air Force, the issue concerned the legal validity of the State’s acquisition and vesting of the land known as “Thalaiaddikadu” under the Land Acquisition Act. It was held that the State’s acquisition and subsequent vesting were valid, despite the destruction of notices during conflict, as compliance with the statutory process was sufficiently evidenced by available records. The court reaffirmed the principle that discretionary remedies such as writs will not be granted where there is unexplained, inordinate delay (“laches”) in seeking relief. Reliance was placed on relevant statutory provisions

REF: CA WRIT APPLICATION NO. 129/2017-2021 Category: Tag:
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