Awaradeniyage Suranga Viraj Mutukumarana vs Sabaragamuwa University of Sri Lanka – CA 368/2013-2014

In the case between Awaradeniyage Suranga Viraj Mutukumarana (Petitioner) and Sabaragamuwa University of Sri Lanka with others (Respondents), the Court addressed whether the petitioner’s writ application could be withdrawn with liberty to file a fresh application on the same matter. It was held that, upon application by counsel, the petition was dismissed with explicit liberty for the petitioner to file a new petition if so desired. This outcome affirms the principle that a party may, with leave of court, withdraw a writ petition while preserving the right to reinstitute proceedings, provided such leave is expressly granted by the court.

Sisira J. de Abrew, J (PjCA) — It was determined that counsel for the petitioner made an application to withdraw the writ petition, expressly requesting