Badurakada Kamalasiri vs Divisional Secretary and Others – CA WRIT 221/2010-2010

In the case between Badurakada Kamalasiri and the Divisional Secretary of Rajanganaya (among other respondents), the court addressed the legality of a permit granted under the Land Development Ordinance to a respondent who was one of two nephews entitled under the statute. The court held that, due to the applicant’s failure to present evidence of seniority or superior entitlement over the 4th respondent and in view of the unexplained delay in filing the writ application, the issuance of the permit was neither illegal nor unreasonable. This decision relied on procedural requirements inherent in the Land Development Ordinance, reaffirming that judicial relief cannot be granted in the absence of clear proof of entitlement or serious procedural fault.

S. Sriskandarajah J. — It was determined