Kumara Rajapakshe vs. Amarasuriya and Others – sllr 2019 volume 3 page 373

The case between Kumara Rajapakse (Plaintiff) and Amarasuriya and Others (Defendants) addressed whether a deed of transfer was, in essence, a mortgage under the Debt Conciliation Ordinance, and whether the petitioner’s failure to exhaust the alternative remedy provided by section 54 of the Ordinance justified denial of writs of certiorari and mandamus. It was held that the application for writs was not maintainable due to the petitioner’s failure to pursue the available alternative remedy, reaffirming the principle that judicial review is a remedy of last resort and statutory mechanisms must be utilized before the court’s discretionary relief may be sought. Reliance was placed on relevant statutory provisions, including sections 21A and 54 of the Debt Conciliation Ordinance, and case law s