W.K.M. Jayanthi Wickremasinghe vs Hon. Attorney General – CA PHC APN:19/13-2013

The case between W.K.M. Jayanthi Wickremasinghe and the Hon. Attorney General addressed the procedural issue of withdrawal of petition. It was determined that, upon request of the petitioner’s counsel and absence of objection from the respondent, the application could be withdrawn with liberty to initiate fresh proceedings. The court held that such procedural withdrawals do not preclude the petitioner from pursuing similar relief in subsequent applications. This aligns with principles of procedural fairness and established practice, underscoring the discretion of the court to dismiss applications without prejudice upon mutual consent.

P.W.D.C. Jayathilaka J. — The findings established that, following the petitioner’s request to withdraw the application with liberty to refile, and the res