M.A. Karunarathe v. Divisional Secretary – CA PHC 17/2007-2007

In the case between M.A. Karunarathe and two others (Petitioner-Appellants) and Divisional Secretary, Eheliyagoda, and three others (Respondents-Respondents), the court addressed whether the Provincial High Court had jurisdiction to grant a writ of certiorari to quash the Divisional Secretary’s decision to draw electricity wires over the appellants’ property. The court held that matters relating to electricity fall within the Concurrent List rather than the Provincial Council List as per the Constitution, and thus the Provincial High Court lacked jurisdiction to review the decision. The principle was reaffirmed that the statutory authority to draw electricity lines is distinct from the rights of servitude at common law. The decision relied on constitutional provisions governing judicial re