P. C. P. Kumaratunga vs The Divisional Secretary – CA 365/2009-2013

In the case between P. C. P. Kumaratunga (Petitioner) and, inter alia, the Divisional Secretary, Monaragala; the Land Reform Commission; and the National Housing Development Authority (Respondents), the court addressed the entitlement of the Petitioner to a Writ of Certiorari to quash the cancellation of a prior land transfer and Mandamus to compel the issuance of a deed in her favour. It was determined that both the substantial unexplained delay (“laches”) and the suppression of material facts by the Petitioner precluded granting prerogative relief. The principles reaffirmed were that applications for prerogative writs are subject to promptness and candour, and any omission or misrepresentation may disentitle a party to such remedies. Reliance was placed on established administrative law