Sangarange Lalith Perera vs Kandasinghe Arachchige Kelum Lasantha Wijenayake – CA PHC NO. 109/2007-2018

In the case between Sangarange Lalith Perera (Lakshow Service Centre, Bandaragama) and Kandasinghe Arachchige Kelum Lasantha Wijenayake (Assistant Commissioner of Agrarian Development, Kalutara), the court addressed the legality of proceedings under Section 33 of the Agrarian Development Act No. 46 of 2000, particularly whether the failure to serve summons alongside an interim restraining order invalidated those proceedings. It was held that, despite the procedural irregularity, the absence of substantial prejudice or denial of justice to the appellant rendered the defect non-fatal, and the appeal was dismissed on the basis that the appellant had alternative remedies and was given sufficient notice. The judgment reaffirmed that procedural errors in service do not automatically nullify proc

REF: CA PHC NO. 109/2007-2018 Category: Tag:
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