Dileeni Roshan Perera v. Hon. Jeewan Kumaratunga – CA WRIT APPLICATION NO.682/2009-2014

The case between Dileeni Roshan Perera (Petitioner) and Hon. Jeewan Kumaratunga, Hon. Janaka Bandara Tennekoon, and the Acquiring Officer/Divisional Secretary, Maharagama (Respondents), addressed whether a writ of Mandamus could compel the Minister to divest acquired land under Section 39A of the Land Acquisition Act because the land was allegedly not used for its originally intended public purpose. It was held that, upon the conclusiveness of a Section 5(1) ministerial declaration and the deposit of compensation, the Minister’s discretion under Section 39A is not amenable to judicial review by writ of Mandamus, affirming that such discretion is final where statutory conditions are met and compensation addressed. The decision relied on precedents interpreting the Land Acquisition Act, emph