Nelson Bernard Hettiarachchi vs S.B. Bandusena – CA PHC NO.197/2001-2011

In the case between Nelson Bernard Hettiarachchi (Respondent-Petitioner-Appellant) and S.B.Bandusena, Secretary, Ministry of Fisheries (Applicant-Respondent-Respondent), the issue concerned the scope of a Magistrate’s powers under the Government Quarters (Recovery of Possession) Act No.7 of 1969 (GQROP Act), specifically whether a Magistrate is required to consider the merits or assign reasons when issuing a writ for possession of government quarters. It was held that a Magistrate’s function under the GQROP Act is ministerial in nature, requiring the issuance of a writ upon compliance with prescribed procedural steps, and not involving the consideration of merits or the assignment of reasons. The principles of natural justice were determined to be satisfied, as affected parties retain a st