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2023 Supreme(SRI)(CA) 627

COURT OF APPEAL
Hon. Sobhitha Rajakaruna J.
R.M. Sanath C de Silva vs. National Insurance Trust Fund Board
CA/WRIT/24/2020



IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for mandates in the nature of Writs of Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution.

R.M. Sanath C de Silva No. 197/6, CA/WRIT/24/2020 Sirima Bandaranayaka Mawatha, Mahara, Kadawatha.

PETITIONER Vs.

1. National Insurance Trust Fund Board No.95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

2. B.K.R. Balasuriya Chairman (Acting)

National Insurance Trust Fund Board, No.95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

Mawahib Mowjood Chairman National Insurance Trust Fund Board, No.95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

[SUBSTITUTED 2nd RESPONDENT]

3. Geetha Wimalaweera Chief Executive Officer (Acting)

National Insurance Trust Fund Board No.95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

4. Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

5. Razik Zarook Chairman Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

6. P. Algama Member Insurance Regulatory Commission of Sri Lanka, Level 11, East Tower, World Trade Centre, Colombo 01.

7. D.N.R. Siriwardena Member Insurance Regulatory Commission of Sri Lanka, Level 11, East Tower, World Trade Centre, Colombo 01.

8. H.A. Karunarathna Member Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

9. Harischandra Salpitikorala Member Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

10. Raja Gunaratne Member Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

11. Indra Baduge Member Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

12. Damayanthi Fernando Director General Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

13. Hon. Mahinda Rajapaksha Hon. Prime Minister and Minister of Finance, Economy and Policy Development Ministry of Finance, Economy and Policy Development The Secretariat, Lotus Road, Colombo 01.

14. S.R. Attygalle Secretary Ministry of Finance, Economy and Policy Development The Secretariat, Lotus Road, Colombo 01.

15. C. Jayasuriya Former Acting Chairman of the National Insurance Trust Fund Board Sri Lanka Administrative Service Officer Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07.

16. Sathiesh Kumar Director Finance and Administration Insurance Regulatory Commission of Sri Lanka Level 11, East Tower, World Trade Centre, Colombo 01.

17. Osmand Chandrawansha Board Member National Insurance Trust Fund Board No. 95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

18. Rohan Jayasinghe Board Member National Insurance Trust Fund Board No. 95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

19. D.P.G. Pradeep Board Member National Insurance Trust Fund Board No. 95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

20. M.K.P. Kumara Board Member National Insurance Trust Fund Board No. 95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

21. Chandana Kumarasinghe Board Member National Insurance Trust Fund Board No. 95, UPTO Building, Chittampalam A Gardiner Mawatha, Colombo 02.

RESPONDENTS Before: Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel: Sanjeewa Jayawardena PC with Rukshan Senadheera for the Petitioner.

Sumathi Dharmawardena PC ASG with S. Dunuwille SC for the 1st to 14th, 16th, and 19th to 21st Respondents.

Argued on: 19.09.2023 Written Submissions- Petitioner - 06.11.2023

1st to 14th,16th, and 19th to 21st Respondents - 03.11.2023 Decided on: 05.12.2023 Sobhitha Rajakaruna J.

The main relief sought by the Petitioner is for a quashing order against the decision of some of the Respondents including the 1st Respondent- National Insu

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