Basnayake Wanniarchchilage Charlies vs. Gunathunga Warnakulasuriya – CA PHC 22/99-2011

In the case between Basnayake Wanniarchchilage Charles (Appellant) and Margret Punya Warnakulasuriya (Respondent), the court considered the legality of the Assistant Commissioner of Agrarian Services’ decision to terminate the appellant’s rights as an “ande” (tenant cultivator) for failure to pay the landowner’s share, and whether the deceased landowner’s wife could be substituted as a party. The appeal sought writs of certiorari and mandamus to challenge the termination, substitution, and related proceedings. It was held that the substitution of the wife was proper, and that the appellant’s conduct disentitled him to discretionary relief. The principles reaffirmed included that judicial review and related remedies may be refused on grounds of the applicant’s own conduct, and that party su

REF: CA PHC 22/99-2011 Category: Tag:
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