T. Withanachchi Gunawardana v. H.L. Pathmasiri de Silva & Others – CA WRIT APPLICATION NO. 45/2020-2022

In the case between T. Withanachchi Gunawardana (Petitioner) and H.L. Pathmasiri de Silva & Others (Respondents), the issue concerned whether the Court of Appeal retains jurisdiction to entertain a writ application (Certiorari and Mandamus) regarding matters within the Provincial Council List, despite the establishment of writ jurisdiction by Provincial High Courts under Article 154P(4) of the Constitution. The holding established that the Court of Appeal possesses concurrent writ jurisdiction alongside Provincial High Courts for such matters, affirming that constitutional and statutory provisions did not oust the Court of Appeal’s entrenched jurisdiction under Article 140. This conclusion relied on Supreme Court precedents including Weragama v. Eksath Lanka Wathu Kamkaru Samithiya, Nilwal

REF: CA WRIT APPLICATION NO. 45/2020-2022 Category: Tag:
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