Hendavitharana Wimalasena Vs. Mr. M. A. R. D. Jayathilaka and others – CA APPLICATION NO. 585/2007-2012

In Hendavitharana Wimalasena v. M.A.R.D. Jayathilaka (Secretary, Ministry of Environment & Natural Resources) and others, the court addressed the issue of the petitioner’s request to withdraw CA Application No. 585/2007, with liberty to file a fresh application. It was held that withdrawal of the application was permitted and the application stood dismissed, with no order as to costs. The decision reaffirmed the principle that a petitioner may withdraw a pending application with liberty to refile in appropriate circumstances, subject to the court’s discretion. The ruling was based on established judicial procedures governing withdrawal of applications, emphasizing that such procedural requests may be granted without prejudice to future action and without adverse cost consequences.

Anil Go