ADIKARI MUDIYANSELAGE DAYANANDA

ADIKARI MUDIYANSELAGE DAYANANDA

VS.

SASHEENDRA RAJAPAKSA, BASNAYAKE N1LAME AND ANOTHER

SUPREME COURT
K.SRIPAVAN, CHIEF JUSTICE
BUWANEKA ALUWIHARE PC. J.
SISIRA J DE ABREW J.
SC FR APPLICATION No. 189/14
09.05.2016

Vacating of interim order- Article 17 and 126 of the Constitution- Interim order - Article 10 and 14 (1) (c) of the Constitution- Hereditary claim- Hearing to parties- Acting in collusion- Kapurala- Executive and Administrative action.

This is an application to vacate the interim order issued by the Supreme Court. Interim order issued without the 2nd Respondent being heard, but permitted to file objections to interim order. Effect of the interim order is to

restrain 1st Respondent appointing the 2nd Respondent as Kapurala of Devalaya.

HELD:

1) It is trite law that orders made by a judge in the exercise of his judicial discretion do not come within the purview of the special jurisdiction of the Supreme Court under Article 126 of the Constitution even though the said order may be the result of a wrong exercise of the judge's discretion.

Justice Colin-Thome, in the case of Leo Fernando Vs. Attorney General observed, "

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