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, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Nagananda Kodituwakku, General Secretary, Vinivida Foundation, 99, Subadrarama Road, Nugegoda.

PETITIONER C.A. Case No. WRT/0609/21 Vs.

1. D.M.S. Dissanayake, Former Chairman, Consumer Affairs Authority (CAA), 1st Floor, CWE Secretariat, 27, Vauxhall Street, Colombo 02.

1A. Shantha Niriella, Former Chairman, Consumer Affairs Authority (CAA), 1st Floor, CWE Secretariat, 27, Vauxhall Street, Colombo 02.

1B. Hemantha Samarakoon, The Chairman, Consumer Affairs Authority (CAA), 1st Floor, CWE Secretariat, 27, Vauxhall Street, Colombo 02.

2. Mrs. Siddika Senarathna, The Director General, Sri Lanka Standards Institute, 17, Victoria Place, Colombo 08.

3. Thushan Gunawardena, The Former Executive Director of Consumer Affairs Authority (CAA), 154/8, Purwarama Road, Colombo 05.

4. Laugfs Holdings Ltd, 101, Maya Avenue, Colombo 06.

4A. Laugfs Gas Lanka Ltd, 101, Maya Avenue, Colombo 06.

5. Litro Gas Lanka Ltd, 267, Union Place, Colombo 02.

6. Bandula Gunawardena, Minister of Trade, 492, De Mel Mawatha, Colombo 05.

6A. Nalin Fernando, Minister of Trade, 492, De Mel Mawatha, Colombo 05.

6B. Wasantha Samarasinghe, Minister of Trade, Commerce, Food Security and Cooperative Development, No. 492, L.H.P. Building, R.A. De Mel Mw., Colombo 03.

7. Lasantha Alagiyawanna, Former State Minister of Consumer Protection, Ministry of Consumer Protection, 27, Vauxhall Street, Colombo 02.

8. P. P. D. S. Muthukumarana, Former Government’s Chief Valuer, Valuation House, 748, Maradana Road, Colombo 10.

8A. A. S. W. K. Nanayakkara, The Government’s Chief Valuer, Valuation House, 748, Maradana Road, Colombo 10.

9. C.D. Wickramarathna, Former Inspector General of Police, Police Head Quarters, Colombo 01.

9A. T.M.W. Deshabandu Tennakoon, Inspector General of Police, Police Head Quarters, Colombo 01.

9B. Priyantha Weerasooriya, The Acting Inspector General of Police, Police Head Quarters, Colombo 01.

10. Attorney General, Attorney General’s Department, No. 159, Sanchi Arachchi Waththa, Colombo 12.

RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J COUNSEL : Dharshana Weraduwage with Dhanushi Kalupahana for the Petitioner.

Manohara Jayasinghe, DSG for the State.

Suren De Silva with Jehan Samarasinghe instructed by D. L. & F. De Saram for the 4A Respondent.

Ruwantha Cooray with Rodney Vaz instructed by Dhammika Jiminige for the 5th Respondent.

ARGUED ON : 22. 05. 2025 DECIDED ON : 12. 06. 2025

ORDER

K. M. G. H. KULATUNGA, J

1. This application of which the Petitioner is Mr. Nagananda Kodituwakku, General Secretary, Vinivida Foundation, is one in the nature of public interest litigation. When this matter was taken up for argument, Mr. Suren de Silva for the 4th respondent, raised a preliminary objection on the maintainability of the application as it is presently constituted. The sum total of his objection is that Mr. Nagananda Kodituwakku was issued with a Rule and was disenrolled by the Supreme Court in SC/Rule/03/2017 decided on 29th of February, 2024. Whilst removing Mr. Nagananda Kodituwakku from the office of Attorney-at-Law, their Lordships also imposed a further sanction restraining Mr. Kodituwakku from filing public interest litigation in his personal capacity as such conduct would nullify the decision to remove and disenroll Mr. Kodituwakku from the office of an Attorney-at-Law. The main thrust of Mr. Suren de Silva’s objection is that permitting the petitioner Mr. Nagananda Kodituwakku to continue with this application in the present form would, in effect, nullify the said Rule and the limitation imposed by the Supreme Court. In support he relied on the order made on a similar objection in the CA/WRT/315/2018, CAM 14.02.2025.

2. The Counsel for the 5th respondent, Mr. Ruwantha Cooray, as well as the Counsel for