Arachchige Dona Christene Shani De Silva et al. v. Urban Development Authority et al. – CA WRIT/278/18-2021

In the case between Arachchige Dona Christene Shani De Silva and others (Petitioners) and the Urban Development Authority and others (Respondents), the court addressed the issue of whether prerogative writs (certiorari, mandamus, prohibition) should be issued concerning alleged unauthorized construction and nuisance arising from an apartment complex developed by the 5th Respondent. Consideration was given to preliminary objections including laches (undue delay) and the non-joinder of necessary parties. It was held that while the explanation for filing delay was sufficient to overrule laches, the omission to join affected apartment purchasers constituted a fundamental defect, and the relief sought was found to be vague and misconceived. The principle reaffirmed is that all necessary parties