IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Rohan D’ Alwis, No. 11/1, Barns Avenue, CA Writ Application No: 740/23 Mount Lavinia.

PETITIONER -Vs-

1. Ceylon Electricity Board, Sir Chittampalam A. Gardiner Mawatha, P.O. Box 50, Colombo 02.

2. N.S. llangakoon, The Chairman, Ceylon Electricity Board, Sir Chittampalam A. Gardiner Mawatha, P.O. Lox 50, Colombo 02.

3. K.P.U. Gunathilake, The Vice Chairman, Ceylon Electricity Board, Sir Chittampalam A. Gardiner Mawatha, P.O. Box 50, Colombo 02.

Both of whom are members of the Ceylon Electricity Board.

4. Tharindu Wimalasekara, Chief Electrical Engineer, Ceylon Electricity Board, Veyangoda No.70, Baduragoda Road, Veyangoda

5. Piyasenage Asoka Namal Ratnayake, No. 68/A/36, Isuru Mawatha, Yakkala.

RESPONDENTS Before: S. U. B. Karalliyadde, J.

Counsel: S. K. Lankatilleka PC with Tharindu Weerasena and Ruchika Kishore instructed by Ramzi Batcha Associates for the Petitioner.

Ms. Zahri Zain DSG for the 1^st to 4^th Respondents.

Written submissions tendered on:

08.08.2024 by the Petitioners Argued on: 29.07.2024 Decided on: 05.09.2024 S. U. B. Karalliyadde, J.

In the Petition to this Writ Application, the Petitioner has sought the substantive reliefs, inter alia, (b) Grant and issue a mandate in the nature of a Writ of Certiorari quashing the decision contained in letter dated 03.11.2023 marked as P20 sent by the 4^th Respondent to supply electricity to the land or part thereof forming the subject matter of this application based on a request made by the 5^th Respondent.

(c) Grant and issue a mandate in the nature of a Writ of Prohibition preventing the

5^th Respondent or any other unauthorized person other than the Petitioner from requesting for the supply of electricity to the land or part thereof forming the subject matter of this application belonging to the Petitioner.

(d) Grant and issue a mandate in the nature of a Writ of Prohibition preventing the

1^st to 4^th Respondents or any one or more of them from supplying electricity to the land or part thereof forming the subject matter of this application belonging to the Petitioner.

(e) Grant and issue a mandate in the nature of a Writ of Mandamus directing the 1^st to 4^th Respondents or any one or more of them to disconnect the electricity supply given to the said land or part thereof belonging to the Petitioner.

(f) Grant and issue an interim order restraining and/or preventing the 1^st to 4^th Respondents or any one or more of them from supplying electricity to the said land forming the subject matter of this application without the consent of the Petitioner who is the owner of the land until the final determination of this application.

Nevertheless, when the matter was taken up for argument on 29.07.2024 the learned President’s Counsel appeared for the Petitioner informed the Court that the Petitioner is pursuing only the reliefs sought in the prayers (b) and (e), precisely, issue a Writ of Certiorari to quash the decision contained in the letter dated 03.11.2023 marked as P20 sent by the Chief Electrical Engineer of the Ceylon Electricity Board (the 4^th Respondent) to the Petitioner informing that the Ceylon Electricity Board (the 1^st Respondent) is taking steps to supply a temporary electricity connection on the request made by the 5^th Respondent to the subject land of this Application which the Petitioner is claiming that he is the owner and occupier and a Writ of Mandamus directing the 1^st to 4^th Respondents to disconnect the electricity supply given to that land. Even though the notices of this Application with the annexures were served on the 5^th Respondent he has neither appeared before the Court nor a representation made on his behalf and therefore the matter proceeded ex-parte against him. No statement of objections has been filed