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Orders 2025 – October

Date of Judgment Case No. Parties Judgment by Keywords (Laws, Provisions & terms) Legislation Download
2025-11-04 CA Writ No. 666/25 A T D De Silva Vs P R Devabandu (Zonal Director of Education) and 12 others Hon. K. Priyantha Fernando J. (CA) Writ of Certiorari, Public Service Commission (PSC), Sri Lanka Principals’ Service, Provincial Public Service, Disciplinary Control, Temporary Transfer, Preliminary Investigation, Obstruction of Inquiry, PSC Procedural Rules (Section 263), Western Provincial Council, Ultra Vires Constitution of Sri Lanka (Article 140, 13th Amendment, 9th Schedule, Appendix III), Provincial Councils Act, No. 42 of 1987 (as amended by Act No. 28 of 1990) (Sections 32(1), 32(2), 32(2A)), PSC Procedural Rules (Section 263)
2025-10-31 CA (BAL) 136/2025 Yogarasa Pavithriya, Vs Officer-in-Charge, Police Narcotics Bureau, and other Hon. R.P. Hettiarachchi, J. Exceptional Circumstances- Oppressive and inordinate delay-Previous convictions- Section 54A (1) (b), 54 A (1) (d) and 83(2) of Poisons, Opium and Dangerous Drugs Ordinance (as amended)
2025-10-31 CA-Writ-948-25 R.H. Steel Building Systems (Private) Limited and others Vs Ceylon Bank and others. Hon. Mayadunne Corea, J. Discretion of the banks under Section 3 and 5 of Recovery of Loans by Banks (Special Provisions) (Amendment) Uberrima fide, Suppression of material facts Recovery of Loans by Banks (Special Provisions) (Amendment) Act, No. 4 of 1990
2025-10-31 CA-Writ-540-23 The Petroleum Dealers' Association Vs Kanchana Wijesekara, Minister of Power and Energy and others. Hon. Mayadunne Corea, J. Legal validity of “Committee Report on Criteria for Setting up of New Filling Stations in Sri Lanka”, Necessary parties, Article 140 of the Constitution.
2025-10-31 CA/ WRIT/ 573/2025 Mihindukulasuriya Marian Pradeepa Fernando and others VS Peliyagoda Madyama Mathsya Welandapola Sankeeranaya Kalamanakarana bhaaraya, Peliyagoda Central Fish Market Complex and others Hon. Dhammika Ganepola, J.
2025-10-31 CA (BAL) 0125/2025 Senathul Rashmiya Vs The Hon. Attorney General and others Hon. R.P. Hettiarachchi, J. Exceptional Circumstances- Oppressive and inordinate delay-Previous conduct of the Suspect-Extent of the Suspect’s involvement in the crime. Section 54A (1) (b), 54 A (1) (d) and 83(2) of Poisons, Opium and Dangerous Drugs Ordinance (as amended)
2025-10-30 CA/PHC/APN/ 33/2024 Officer in Charge Miscellaneous Unit Police Station, Moratuwa Vs.Don Lal Anthony Amarasinghe Hon. B. Sasi Mahendran, J. revision against revision article 138,154(3) (b),
2025-10-29 CA-MCR 0001-25 Herath Mudiyanselage Kamal Sisira Vs Hon. Attorney General and others Hon. K.Priyantha Fernando J. Prevention of Domestic Violence Act (PDVA) No. 34 of 2005, Interim Order, Protection Order, Article 145 of Constitution, Jurisdiction of High Court (Article 154p), Appeal to High Court (Section 17 PDVA), Delay in Trial, Domestic Violence, Alternative Remedy Prevention of Domestic Violence Act, No. 34 of 2005 (Sections 5(3), 6, 10(2), 11(2)(b), 13, 14, 17), Constitution of Sri Lanka (Article 145, Article 154p), Code of Criminal Procedure Act, No. 15 of 1979 (Sections 320-330, 357, 358)
2025-10-28 CA/WRT/26/25 Sumithra Hasalaka (pvt) Ltd Vs. Minister of Labour Hon. Adithya Patabendige, J Writ of Certiorari, Writ of Prohibition Article 140.
2025-10-24 CA (BAL) 0083/2025 Kariyawasam Liyanage Chandralatha, Vs The Office in Charge, Police Narcotic Bureau, and others Hon. R.P. Hettiarachchi, J. Exceptional Circumstances- Oppressive and inordinate delay-Previous Conduct of the Suspect-Lack of uberrima fides Section 54A (1) (b), 54A (1) (c), 54 A (1) (d) and 83(2) of Poisons, Opium and Dangerous Drugs Ordinance (as amended)
2025-10-24 CA/WRT/972/2025 Ceylon Electricity Board Engineers’ Union and Others Vs Ceylon Electricity Board and Others Hon. S.U.B. Karalliyadde, J. Order on the issuance of notices to the Respondents of this Writ Application, Ceylon Electricity Board, Section 1, 17 and 18 of the Sri Lanka Electricity Act of 2024, transfer plan The Constitution of the Democratic Socialist Republic of Sri Lanka and the Sri Lanka Electricity Act, No. 36 of 2024 (as amended)
2025-10-24 CA (BAL) 0520/2023 Beragama Arachchige Pradeep Thushara Vs The Office in Charge, Police Narcotic Bureau, and other Hon. R.P. Hettiarachchi, J Exceptional Circumstances- Oppressive and inordinate delay Section 54A (1) (b), 54 A (1) (d) and 83(2) of Poisons,
2025-10-24 CA-Writ-202-24 Ven. BuddamaNandasara Thero and others Vs. Commissioner General of Excise and others. Hon. Mayadunne Corea, J. FL/4 licence Public place of religious worship futility Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka • Sections 28A of the Excise Ordinance • the Excise Notification 902
2025-10-23 CA/WRT/612/2025 Peduru Arachige Tharaka Prabath Kulasooriya Vs Rathnapitiya Gedara Achintha Supun Banadara and Others Hon. S.U.B. Karalliyadde, J. Order on issuance of formal notices of this Writ Application on the Respondents, State land, material facts in dispute The Constitution of the Democratic Socialist Republic of Sri Lanka.
2025-10-23 CA/CPA/60/2025 Jayasinghe Mudiyanselage Athula Jayasinghe Vs. Batangala Koralalage Dona Nathindra Ashali Hon. Damith Thotawatte, J. Section 14 of the Maintenance Act, Restriction on revision when appeal exists, Estoppel against challenge, No acceptable exceptional grounds The Maintenance Act, No. 37 of 1999
2025-10-23 CA/ CPA 15/2024 The Director General, Commission to Investigate Allegations of Bribery or Corruption Vs Illangasinghage Gayan Priyanath, and other Hon. Amal Ranaraja, J. Soliciting and accepting money as gratification to perform official duties– Requirement that the Commission has to initiate investigations collectively – Powers of the Bribery Commission to exercise its powers collectively or individually – Absurdity that arises if the Commission was to conduct investigations collectively – The need for immediate action in response to allegations of corruption and bribery – Revisionary jurisdiction of the Court of Appeal Article 138 and Article 156A (enacted by the 19 th Amendment) of the Constitution of the Democratic Socialist Republic of Sri Lanka, Sections 2(8), 3, 4(3), 5, 11, 12(1), 12(2), 16(3) and 24 of the Commission to Investigate Allegations of Bribery or Corruption Act No. 19 of 1994, Sections 16 (b), 19 (c) and 76 of the Bribery Act No. 11 of 1954 as amended
2025-10-22 CA/CPA/71/2025 Hapuwalanage Dona Jesika Indranie Vs The Hon. Attorney General, Hon. B. Sasi Mahendran, J. revision, delay, Section 241 (3) (b) of the Code of Criminal Procedure Act
2025-10-22 CA/CPA/30/2025 Palitha Samaranayake Vs Dharmalankara Panditha Mohottalalage Jayasena Nilame Hon. Damith Thotawatte, J. Non-compliance with Rule 3(1)(a) and (b) of Court of Appeal (Appellate Procedure) Rules 1990, Essential procedural safeguard, Certified copies of records, Competency to verify copies. The Primary Court’s Procedure Act No. 44 of 1979. The Court of Appeal (Appellate Procedure) Rules 1990.
2025-10-21 CA/ TRF 0015-25 Tennakoon Mudiyanselage Dhanuka Dhananjaya Sri Meegolla Vs Galbada Arachchige Mayomi Shanika Wijesena and Hon. AG Hon. K.Priyantha Fernando J. Case Transfer, Maintenance Case, Bias / Judicial Impartiality, Travel Ban, Interim Order. Section 46(1) of the Judicature Act Section 14(1) of the Maintenance Act, No. 37 of 1999
2025-10-21 Writ 708/2025 Kandaiya Vijayakumar and other Vs Vavuniya Municipal Council and 30 others Hon. K.Priyantha Fernando J. Writ of Quo Warranto, Writ of Certiorari , Writ of Mandamus , Local Authorities Election , Disqualification of Member , Ordinary Resident , Electoral Area , Vavuniya Municipal Council , Vavuniya South Tamil Pradeshiya Sabha , Jurisdiction of Court of Appeal , Reserved List (Elections) Local Authorities Elections Ordinance No. 53 of 1946 (Sections 3, 8, 66C, 66D, 66E), Articles 140, 154P(4)(b)) of the Consitution
2025-10-17 CA/WRT/856/2025 Wickrama Arachchige Iresha Vs The Members of the Debt Conciliation Board and Others Hon. Dr. D. F. H. Gunawardhana, J. Jurisdiction of the Debt Conciliation Board to entertain an application prima facie relating to a mortgage rather than a Deed of Transfer, and the legality of the subsequent decision taken – Amenability of writ jurisdiction of the Court of Appeal. The Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-17 CA (BAL) 0104/2025 Lankahaluge Dhanushika Erandi Vs Officer-in-Charge Vice Branch Police Station Ratnapura and others Hon. R.P. Hettiarachchi, J Exceptional Circumstances- Oppressive and inordinate delay Section 54A (1) (b), 54 A (1) (d) and 83(2) of Poisons,
2025-10-17 CA/CPA 09/2025 The Director General, Commission to Investigate Allegations of Bribery or Corruption Vs. Range BandaralagePriyantha Kumara Rathnaweera Hon. Amal Ranaraja, J. Soliciting and accepting money as gratification to prepare a permit in respect of land – Requirement that the Commission has to initiate investigations collectively – Powers of the Bribery Commission to exercise its powers collectively or individually – Absurdity that arises if the Commission was to conduct investigations collectively – The need for immediate action in response to allegations of corruption and bribery – Revisionary jurisdiction of the Court of Appeal Article 138 and Article 156A (enacted by the 19th Amendment) of the Constitution of the Democratic Socialist Republic of Sri Lanka, Sections 2(8), 3, 4(3),5, 11, 12(1), 12(2), 16(3) and 24 of the Commission to Investigate Allegations of Bribery or Corruption Act No. 19 of 1994, Sections 16 (b), 19 (c) and 76 of the Bribery Act No. 11 of 1954 as amended
2025-10-16 CA/WRT/0743 / 24 Hewa Wedage Prasanna Kumara Vs Sri Lanka Ports Authority and others Hon. Adithya Patabendige, J. Writ of Certiorari, Writ of Mandamus, Arbitral award Article 140
2025-10-15 CA Bail 0061/25 Weeraperuma Athukoralage Dilhani Chethana Vs The Hon. Attorney General Hon. P. Kumararatnam, J. Exceptional Circumstances The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.13 of 1984
2025-10-15 CA PHC 03/19 Lewkebandarage Siri Kaushika Lakmali Vs The Attorney General Hon. B. Sasi Mahendran, J. confiscation, reasonable precautionary measures, scope of inquiry -Section 40 (1) of the Forest Ordinance. , Section 9 of the State Land Recovery Act
2025-10-15 CA/PHC 131/18 Nestle Lanka PLC and others Vs D.I. Samaranayake Authorized Officer under the Food Act Page 4 of 9 Public Health Inspector Digampitiya and others Hon. B. Sasi Mahendran, J. date of detection of that offence Section 20(1)(b) of the Food Act No. 26 of 1980 (as amended)
2025-10-15 CA/Writ/ 484/2025 Rohan Wickramarathna Wijekoon Vs. A.K.S. Indika Kumari Liyanage, Commissioner-General of Examinations of the Department of Examinations of Sri Lanka and Others Hon. Dr. D. F. H. Gunawardhana, J. The Petitioner challenges the decision to cancel the results of the Petitioner in the examination held for the promotion of Assistant Superintendent of Police in the Police Department. Petitioner was found guilty of examination malpractice; therefore, the decision taken is justified and no writ lies. The Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-14 CA/Writ/ 048/2024 Wettupperuma Achchillage Nelumika Madhuwanthi Wijerathne and Another Vs. The Commissioner-General of the Agrarian Development and Others Hon. Dr. D. F. H. Gunawardhana, J. Challenge of the decision taken by the Agrarian Development Officer in terms of the Section 90(1) of the Agrarian Development Act, No. 46 of 2000. Since the Petitioners can resolve the issue in the District Court by asserting their rights, they are not entitled to obtain a writ from this Court challenging a decision taken by the Agrarian Service Officer under Section 90 of the Agrarian Services Act, No. 58 of 1979, in furtherance of the rights of the paddy cultivator. The Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-10 CA/WRT/942/2025 Dulip Lal Kumanayake Vs Thilina Wickremaratne, Divisional Secretary and Others Hon. S.U.B. Karalliyadde, J. Order on the issuance of formal notices on the Respondents, quit notice, Section 3 of the State Lands (Recovery of Possession) Act, alternative remedy, legitimate expectation The State Lands (Recovery of Possession) Act, No. 07 of 1979 (as amended) and the Constitution of the Democratic Socialist Republic of Sri Lanka.
2025-10-10 CA/WRT/961/2025 Superlight Consolidated Pvt Ltd Vs P.I. Udaya, Inquiring Officer and Others Hon. Dr. D. F. H. Gunawardhana, J. Vessel and consignment of salt seized on the basis of smuggling in terms of Section 125 of the Customs Ordinance, No. 17 of 1869 (as amended) — and after inquiry under the same section, forfeited the vessel and the consignment — later, the Director General set aside the same and released the vessel on bank guarantee — but seizure of the consignment continued to operate — and ordered an inquiry under Section 135 of the Customs Ordinance — an application instituted to obtain a writ — decided that it is a premature application since no decision has been taken, as there is no forfeiture of goods until a decision is taken under Section 135 of the Customs Ordinance. The Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-10 CA/ CPA-80/25 AMSK Constructions Private Limited Vs The Officer in charge, Police Station Damana Hon. B. Sasi Mahendran, J. parallel or concurrent jurisdiction Section 5 of the High Court of Provinces (Special Provinces) Act No. 19 of 1990, read with Article 154P (3) (b) of the Constitution,
2025-10-10 CA/WRT/864/2025 Bulathwaththe Gedara Nandasiri Wasantha Kumara and Others Vs Palagala Divisional Secretariat and Others Hon. Dr. D. F. H. Gunawardhana, J. An application was made for mandamus, compelling the Divisional Secretariat to allocate land for a public playground — which had already been developed by a person without any valid permit or grant issued under the Land Development Ordinance, No. 19 of 1935 (as amended). However, the Divisional Secretary decided that the land had been developed without a valid permit or grant — therefore, the said land, though it remains state land, cannot be granted for public use, as the mango plantation created by the unpermitted possessor would be destroyed. The Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-08 CA/WRT/ 695/25 HAYLEYS NATURE NEST (PVT) LTD AND HAYLEYS AGRICULTURE HOLDINGS LIMITED Vs. COCONUT DEVELOPMENT AUTHORITY and 3 others Hon. K.Priyantha Fernando J. Coconut Development Authority; Board of Investment; Coconut water processing; Coconut Triangle; Legitimate Expectation; Natural Justice; Administrative Law; Arbitrary Decision; Irrational Decision; Foreign Investment; Oversaturation; Raw material scarcity; Interim relief; Sustainable Resources; Investment Dispute. Article 140 of the Constitution Board of Investment of Sri Lanka Law No. 4 of 1978 (as amended)
2025-10-08 CA /Writ/739/2024 Polwattage Thilanga Nadeera and other Vs. P.B.S.C. Nonis and others Hon. Dhammika Ganepola, J.
2025-10-07 CA Bail 0011/24 Gamage Don Kalinga Sanjeewa Vs. The Attorney General Hon. P. Kumararatnam, J. Exceptional Circumstances The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.13 of 1984
2025-10-07 CA/WRT/618/2025 Fazal Mohamed Vs. Hon. Sunil Kumara Gamage, Minister of Sports and Youth Affairs, No. 09, Philip Gunawardana Mawatha, Colombo 07 and Eleven Others Hon. Rohantha Abeysuriya PC, J. (P/CA) Locus Standi  Wednesbury Unreasonableness Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka 2. Sports Law No. 25 of 1973 3. National Associations of Sports Regulations No. 01 of 2024 4. Rule 3(1)(a) of the Court of Appeal (Appellate Procedure) Rules
2025-10-03 CA/WRT/733/2025 W. A. K. I. P. Prematilake Vs. Shani Abeysekara, Director, Criminal Investigations Department, Colombo 01 and Ten Others Hon. Rohantha Abeysuriya PC, J. (P/CA) Laches & inordinate unexplained delay  Prosecutorial Discretion of the Hon. Attorney General subject to judicial review Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka
2025-10-03 CA/WRT/800/2025 B. R. P. M. A. Devendra Vs Sumith Dassanayake and Another Hon. S.U.B. Karalliyadde, J. Order on the vacation of interim orders, Rule 2(6) of the Court of Appeal (Appellate Procedure) Rules 1990, uberrima fides The Constitution of the Democratic Socialist Republic of Sri Lanka.
2025-10-03 CA/WRT/726/2025 Panagodage Shamal Fernando Vs Central Bank of Sri Lanka and Another S.U.B. Karalliyadde, J. Order on issuance of formal notices on the Respondents, delay, principles for issuance of writ of Mandamus. The Constitution of the Democratic Socialist Republic of Sri Lanka.
2025-10-03 CA (BAL) 0483/2024 Rajapakshage Indika Prasanna Vs Officer-In-Charge, Police Narcotic Bureau, and other Hon. R.P. Hettiarachchi, J. Exceptional Circumstances- Oppressive and inordinate delay-Right to a fair trial Section 54A1(b), 54A1(d) and 83(2) of Poisons, Opium and Dangerous Drugs Ordinance (as amended)
2025-10-02 CA/ Bail/ 0187/25 Diyagu Hennadi Jayaweera Patabendige Laksmi Vs The Hon. Attorney General Hon. P. Kumararatnam, J. Exceptional Circumstances The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.13 of 1984.
2025-10-02 CA/WRT/0531/25 Sunil Amarasinghe Vs P.B.S.C. Nosis, Director General of Customs and others. Hon. K.M.G.H. Kulatunga, J. Customs Inquiry • Collusive Agreement • Judicial review vs. appeal distinction Article 140 of the Constitution of Sri Lanka – writ jurisdiction. • Section 137 of the Customs Ordinance (as amended) – offences of collusion with Customs officers, including making agreements to evade duties; fines up to Rs. 100,000.