Dr. Indika Mudalige vs. National Water Supply and Drainage Board et al. – SC F.R. APPLICATION NO. 141/2017-2022

In the case between Dr. Indika Mudalige (Plaintiff) and the National Water Supply and Drainage Board, G.A Kumararatna, and Mangala Abeysekera (Defendants), the Supreme Court addressed whether an application alleging an infringement of Fundamental Rights—arising from the award of a public tender that allegedly disregarded technical standards—was maintainable in light of the constitutional one-month limitation under Article 126(2). It was held that, irrespective of allegations regarding irregularities or safety concerns in the tender process, the failure to comply with the strictly applicable one-month filing requirement precluded the petitioner’s claim. The principle reaffirmed is that constitutional timelines for Fundamental Rights applications are mandatory, with courts only permitting ex