Abdul Azeez Mohomad Thaj vs S.M.D.C. Samarasekara – CA WRIT APPLICATION NO. 618/2011-2014

In the case between Abdul Azeez Mohomad Thaj (Petitioner) and, among others, S.M.D.C. Samarasekara, Assistant Commissioner of Agrarian Development of Badulla (First Respondent), the court addressed the issue of whether notices issued under the Agrarian Development Act (including P4, P8A, and P8B) regarding alleged illegal filling of paddy land were ultra vires, unlawful, or subject to review by writ of certiorari. It was held that the notices were lawfully issued under the authority of the Act, and that the Petitioner had failed to utilize the adequate legal remedy of objection before the Magistrate’s Court. Relief by way of certiorari was refused due to the petitioner’s procedural conduct, substantial delay, and failure to pursue the statutory process. Reference was made to relevant prece