W. Sunil Karandeniya vs. Commissioner Agrarian Development, Galle District – CA PHC NO. 164/2010-2010

In the case between W. Sunil Karandeniya (Petitioner) and the Commissioner of Agrarian Development, Galle District (Respondent), the court addressed whether the appellant should be granted an opportunity to show cause before the Magistrate issues an order under the relevant application in Magistrate’s Court Case No. 7490. It was held that the High Court’s directive, which required the Magistrate to act in accordance with Act No. 46 of 2000, did not preclude the appellant from being heard. The principle reaffirmed that parties must be given an opportunity to show cause before adverse orders are made against them. This decision relied upon the provisions of Section 33(3) of Act No. 46 of 2000, emphasizing that procedural fairness must be observed and the right to be heard is preserved.

K. T