Ven. Demunnewe Sumanarathna Thero vs Nimal Kotawalagedara et al. – CA WRIT 362/2017-2017

In the case between Ven. Demunnewe Sumanarathna Thero (Petitioner) and Nimal Kotawalagedara, Commissioner General of Buddhist Affairs, with others including Ven. Bodhimaluwe Sangananda Thero (Respondents), the court addressed whether Sri Sudharsana Chaityarama Viharaya should be registered under the Malwatta Chapter or the Asgiriya Chapter, and the legitimacy of competing claims to the Viharadipathi position. The court held that significant disputed facts existed regarding the temple’s chapter affiliation and the validity of appointments, determining that writs of Certiorari and Mandamus are not available in such circumstances. This approach relied on the established principle from Thajudeen v. Sri Lanka Tea Board, emphasizing that judicial review by way of writ is inappropriate where subs

REF: CA WRIT 362/2017-2017 Category: Tag:
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