Vithanage Aruna Shantha and Pitipanage Leelawathie vs The Minister of Land and Land Development – CA WRIT 275/2012-2013

In Vithanage Aruna Shantha and Pitipanage Leelawathie v. The Minister of Land and Land Development and others, the Court of Appeal addressed whether a writ of certiorari should be issued to quash the Divisional Secretary’s written consent for the execution of a deed, based on allegations of irregularities and forgery. It was determined that, as the deed in question had already been executed, quashing the consent would have no practical effect. The findings established that the petitioners’ appropriate remedy was to seek a declaration of invalidity of the deed in a competent court. The application was also considered time-barred, because the challenge was brought significantly after the original decision. The holding reaffirmed the principle that appellate remedies must serve a useful purpo