Kumarage Don Premadasa and others Vs. Divisional Secretary, Divisional Secretary’s Office, Colombo. and others – CA WRIT APPLICATION NO. 451/09-2012

In Kumarage Don Premadasa and Kumarage Don Jayantha v. Divisional Secretary, Colombo and Others, the court addressed whether a Writ of Mandamus should be issued to require the 2nd Respondent to refer a land acquisition dispute to the District Court under Section 10(1)(b) of the Land Acquisition Act. It was held that, having satisfied the legal requirements and applied within the statutory period, the Petitioners were entitled to have their dispute referred as mandated by law. The principle reaffirmed was that statutory authorities are obliged to adhere strictly to procedural duties conferred by legislation, with judicial oversight available where administrative default occurs. The decision relied on relevant provisions of the Land Acquisition Act and the constitutional jurisdiction of judi