Kanapathipillai Rathnasothy vs Hon. Attorney General – CA WRIT 725/2010-2012

In the case between Kanapathipillai Rathnasothy (Petitioner) and Hon. Attorney General with associated Respondents from the Attorney General’s Department, the court addressed the legality of the cancellation process of an annual permit under the Land Development Ordinance. It was held that the issuance of an order under Section 109 was ultra vires where the petitioner, claiming to be the lawful successor, was present at the inquiry and had shown cause. The court reaffirmed that the proper application of Sections 106, 109, and 110 is essential, specifically highlighting that Section 109 is only applicable if the permit holder fails to appear or show cause. As such, the application for a writ of certiorari was granted, nullifying the impugned order without costs. The decision underscores the