MADUGALLE

Vs.

NATIONAL HOUSING DEVELOPMENT AUTHORITY AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/WRIT/540/2019
JUNE 9, 2020

Writ of certiorari-Violation of contractual obligations-Invoking writ jurisdiction to enforce contractual obligations of a public authority

By a deed of transfer, the 1st and 2nd respondents sold a residential condominium unit together with an identified parking space to the petitioner. Thereafter the 2nd respondent earmarked the said parking space to be sold to the 7th respondent, a private company, together with some other allotments. The petitioner filed this application seeking to quash the said decision by certiorari.

Held:

1. The petitioner is not entitled to invoke writ jurisdiction to remedy the situation. The petitioner's grievance stems from the alleged violation of a contractual obligation based on the deed of transfer. The proper forum for the petitioner to seek redress is the District Court.

2. The subject matter of the application, which is based on a commercial transaction, eminently falls within the sphere of private law and not public law. The decision sought to be quashed by certiorari was not made