Kangarage Nimal Gamini v. Sunilchandra Waddussuriya et al. – WRIT 443/2005-2015

In the case between Kangarage Nimal Gamini (Petitioner/Appellant) and Sunilchandra Waddussuriya, Heeralu Pathirannahalage Gamini Gunawardene, and others (Respondents), the court addressed whether the High Court erred in refusing to grant writs of Certiorari and Prohibition concerning an administrative order directing the removal of obstructions to a disputed path leading to a threshing floor. It was determined that the Petitioner was not denied natural justice, as adequate notice and opportunities to be heard were provided, and that the delay in seeking relief (laches), coupled with material misrepresentation, disentitled the Petitioner to prerogative writs. The court reaffirmed the principle that unexplained delay and want of candor preclude discretionary relief, relying on established pr

REF: WRIT 443/2005-2015 Category: Tag:
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