Wanniarachchi Kankanamge Piyadasa v. C.P. Wanniarachchi et al – CA WRIT/381/2014-2022

In the case between Wanniarachchi Kankanamge Piyadasa (Petitioner) and C.P. Wanniarachchi (Divisional Secretary, Weeraketiya) along with others (Respondents), the court addressed whether the Petitioner’s dismissed application for writs of certiorari and mandamus should be restored and relisted, given the Petitioner’s absence at the original hearing and the delay in the relisting application. It was held that a bona fide mistake by Counsel, corroborated by diary entries and not amounting to negligence, justified setting aside the dismissal, especially in consideration of the operational challenges posed by the COVID-19 pandemic. The principle established reiterates judicial recognition of honest mistakes distinct from negligence and the court’s inclination to exercise discretion in favor of