Kariyawasam v. Southern Provincial Road Development Authority And 8 Others – sllr 2007 volume 2 page 033

In the case between Karriyawasam (Petitioner) and the Southern Provincial Road Development Authority along with other respondents, the court addressed the preliminary issues concerning the timeliness and procedural validity of an application brought under Article 126(2) of the Constitution. The central legal questions were whether the petition was filed within the constitutionally mandated period given concurrent proceedings before the Human Rights Commission, whether an inconsistency in the affidavit’s date invalidated the application, and whether failure to disclose a prior complaint to the Human Rights Commission warranted dismissal of the petition. It was held that the application was not time barred as the duration of the Human Rights Commission inquiry was excluded from the limitatio