Fernando v. Illukkumbura and Another – sllr 1987 volume 2 page 008

In Fernando v. Illukkumbura and Another, the Court addressed whether the People’s Bank, pursuant to section 71 of the Finance Act No. 11 of 1963 (as amended), could impose preliminary conditions—such as opening a Savings Deposit Account and making specified deposits—before considering an application to acquire mortgaged premises sold under execution. The central issues comprised the legality of the Bank’s requirements and the reviewability of its refusal to acquire the premises. It was held that the decision of the Bank was a discretionary, administrative act under section 71(3), final and conclusive, and thus immune from judicial review. The petition was therefore dismissed, reaffirming the statutory principle that decisions under section 71(3) are not amenable to certiorari or mandamus.