Vasudeva Nanayakkara vs Hon. Sagala Ratnayaka et al. – CA WRT/0370/2019-2023

In the case between Vasudeva Nanayakkara (Plaintiff) and Hon. Sagala Ratnayaka, Minister of Ports and Shipping and Southern Development, along with related parties (Defendants), the court addressed whether the petitioner was entitled to a writ of mandamus compelling the Minister to enact Regulations under Section 28 of the Merchant Shipping Act No. 52 of 1971. The court held that the statutory language confers a discretionary, rather than mandatory, duty on the Minister; the application of mandamus was therefore not warranted. Key legal principles relied upon included the interpretation of permissive statutory terms (“may”) and the presence of statutory qualifiers (“if he deems fit”), reaffirming the established doctrine that judicial intervention by writ is generally unavailable to compel