Thilakaratne Kadanaarachchi Pradeshiya Secretary vs Ratnasiri Wijeseker – CA NO: 1039/97 F -2016

In the case between Ratnasiri Wijesekera alias Nanayakkarawasam Wijesekera Arachchige Artha Rathnasiri (Plaintiff-Respondent) and Thilakaratne Kadanaarachchi, Pradeshiya Secretary, Pradeshiya Secretariat Office, Piliyandala (Defendant-Appellant), the court addressed the issue of whether the District Judge erred in granting the plaintiff judgment for land entitlement and damages in circumstances where the relief granted was not specifically prayed for, and actions against a public officer had not adhered to mandatory procedural requirements. It was held that the District Judge incorrectly awarded relief not sought in the plaint and that the plaintiff’s failure to comply with statutory notice requirements for actions against public officers barred the claim. The findings reaffirmed the princ

REF: CA NO: 1039/97 F -2016 Category: Tag:
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