L. H. Nandawathie vs. Anuradha Jayakody – CA/WRIT/167/2018-2024

In the case between L. H. Nandawathie (Petitioner) and Anuradha Jayakody, Divisional Secretary of Weligepola, and K. D. Kusumawathie (Respondents), the court addressed whether a long-term unauthorized occupant and cultivator of State land could be regularized through a writ of mandamus, compelling adherence to Land Ministry Circular No. 10 of 15.06.1995. It was held that the petitioner, having continuously possessed and cultivated the land since the 1980s without a formal permit despite repeated appeals, was entitled to judicial relief due to administrative inaction and irregularities. The court reaffirmed the principle that discretionary powers cannot be used to circumvent mandatory statutory duties, relying on doctrines related to administrative jurisdiction and remedies in cases of inac