Palihewage Kithsiri Jayathilake and Others Vs. Road Development Authority and others – CA NO 463/2013-2018

In the case between Palihewage Kithsiri Jayathilake and others (landowners) and the Road Development Authority and others, the Court of Appeal addressed the issue of whether state authorities could be compelled by writ to acquire small remaining portions of land left after the rest was used, with consent, for road widening works. It was held that the applications for a writ of certiorari to quash the road-widening decision and for mandamus to compel land acquisition were without merit, as the acquisition prayer was inadequately specific and, upon withdrawal of the certiorari relief, no practical purpose would be served. The principle reaffirmed was that a writ will not issue without a definitive and enforceable claim or legal right, particularly where relief sought is vague or contradictor