Malhami Arachchige Dona Shyamalie Janitha Perera vs. Commissioner of National Housing Ministry of Housing, Construction and Culture Affairs – CA-WRT-168/2023-2024
In the case between Malhami Arachchige Dona Shyamalie Janitha Perera and the Commissioner of National Housing, Ministry of Housing, Construction and Culture Affairs (and others), the court addressed the issue of whether the transfer of government-leased property was executed ultra vires by the Commissioner, in addition to claims of fraudulent misrepresentation and procedural irregularity in the property’s transfer from the original tenant to a third party. The court held that the actions of the 1st Respondent fell within the scope of statutory authority, and there was insufficient evidence to establish fraud or impropriety. The holding reaffirmed the principle that in judicial review of administrative action, compliance with statutory duties and the timely pursuit of remedies are crucial.

