Vijaya de Alwis v. Shan Wijeyalal de Silva et al. – CA PHC APN 46/2015-2015

In the case between Vijaya de Alwis (Petitioner) and Shan Wijeyalal de Silva, Hemakumara Nanayakkara, and others including the Chairman of Akmeemana Pradeshiya Sabha (Respondents), the court addressed the issue of whether interim relief restraining the Chairman from performing official functions should be set aside or continued, pending final determination of a writ application challenging the Chairman’s conduct and seeking disciplinary inquiry under the Pradeshiya Sabha Act. It was held that an interim stay order halting further proceedings was warranted until the appeal’s final resolution. The principle reaffirmed was that interim orders in writ applications are discretionary, with the Court required to consider factors such as whether the final relief would be rendered nugatory, the bal