R.A.H.M. Kusumawathie Vs. R.P.G. Podineris and others – CA WRIT APPLICATION NO.328/17-2018

In the case between R.A.H.M. Kusumawathie (petitioner) and R.P.G. Podineris (Divisional Secretary, Nawagaththegama) along with other respondents, the court addressed whether the Divisional Secretary’s decision granting land rights to the 4th Respondent as heir should be set aside by Writ of Certiorari and whether a fresh and unbiased inquiry should be ordered by Writ of Mandamus. It was determined that the disputed facts regarding the validity of the deed of transfer (given that its execution was dated after the original grantee’s death) and the status of the 4th Respondent as legal heir, could not be adequately resolved through writ proceedings due to the need for trial evidence and contested questions of fact. The court reaffirmed the principle that writ jurisdiction is not appropriate w