The Superior Regular of the Society of Jesus in the Diocese of Trincomalee vs A. B. Talagune – CA WRIT/875/09-2014

In the case between The Superior Regular of the Society of Jesus in the Diocese of Trincomalee and A. B. Talagune, members of the Board of Review of the Ceiling on Housing Property Law, the Commissioner of National Housing, and the Hon. Attorney General, the issue concerned a Petition for a writ. At the scheduled hearing, the Senior State Counsel indicated that no instructions were available and requested an adjournment. Subsequently, the Petitioner sought to withdraw the writ application unconditionally. The Court permitted the withdrawal and dismissed the Petition without costs. The decision affirms the procedural discretion of the Court to allow withdrawal of applications and reinforces that, in such circumstances, dismissals may be ordered without costs when unopposed.

Deepali Wijesun