M.S.Sithy Rimsiya Rishana vs H.M.Nandasena – CA WRIT APPLICATION NO.516/2007-2013

In the case between M.S. Sithy Rimsiya Rishana (Petitioner) and H.M. Nandasena, Municipal Council, Badulla; Municipal Commissioner, Municipal Council, Badulla, and others (Respondents), the court addressed whether the petitioner could proceed with the writ application when counsel indicated a lack of instructions and a demolition order had already been issued by the Magistrate. It was held that, given the absence of further interest from the petitioner and the existence of a prior demolition order, there was no justification to continue the proceedings. The principle reaffirmed by this decision is that judicial proceedings will not continue in the absence of prosecuting party interest and after relief regarding the subject matter has been rendered by a competent order. The decision is grou