SRI LANKA INSURANCE CORPORATION

LIYANAGE & ANOTHER VS
RATNASIRI - DIVISIONAL SECRETARY, GAMPAHA & OTHERS

SUPREME COURT
TILAKAWARDENA J
SATHYA HETTIGE PC J.,
DEP PC J.,
SC F R 121/2012
DECEMBER 7,2012
JANUARY 10,2013
MARCH 8, 2013

Constitution Article 126 - Time Bar - Imperative - Suppression of material facts fatal - Failure to observe uberrima fides - Vigilanti ­ bus Non Dormientubis Jura Sub - Vernieunt - Impotentia excusat legem - Uberrimafides.

The Petitioners complained that their Fundamental Rights were infringed by appointing the 7th Respondent to the post of Registrar of Births and Marriages, Hendala Division. The Respondent contended that the application is out of time and the Petitioners are guilty of suppression and misrepresentation of material facts - Thereby failing to act with uberrima fidei. On the preliminary objection taken -

Held:

(i) The Supreme Court has consistently held in a number of cases involving alleged violation of fundamental rights that the time limit within which an application should be filed is mandatory;

(ii) This is a constitutional mandate. The well known principle of vigilantibus Non Donnantibus Jura Subveniunt - law assists those that are diligent not those who sleep over their rights - is applicable;

(iii) It is now a well established principle that when an applicant has suppressed or misrepresented the facts material to an application and when there is no complete and truthful disclosure of all
material facts, the Court will not go into the merits of the relevant application, but will dismiss it in limine...

per Sathya Hettige P.C, J.

"These Petitioners have failed and neglected to tender a material document-namely, his application for the post of Registrar to Court. Court holds that there was a deliberate suppression and there has  been no complete disclosure.

AN APPLICATION under Article 126 of the Constitution.

Cases referred to:

1. Jayasinghe Us The National Institute of Fisheries and Nautical Engineering (NIFNE) and others - 2002 1 Sri L.R.27
2. Revici Us Prentice Hall Incorporated and others - 1969 1 All ER 772
3. G. S. Premachandra & another Us University Grants Commission and 10 others- SCFR 573/2004;
4. S. A. B. Senanayake Us University Grants Commission - SCFR 574/2004;
5. Edirisuriya Us Navaratne- 1985 1 Sri L.R. 100;
6. Eager Us Fumivall- 17 ch D 115;
7. Blanca Diamond (Pvt)LTD v. Wilfred Van Els & Two others - 17 ch D 115;
8. Alphonso Appuhamy Us. Hettiarachchi-73 NLR 131;
9. Gas Conversions (Pvt) Ltd., and 3 others Us Ceylon Petroleum Corporation and others- SCFR91/2002 at 4;

Mangala Niyarepola with Edward Samarasekara for the Petitioners
Suren Gnanaraj S. C. for the 1st - 6th and 8th Respondents
Sanjeewa Dissanayake for the 7th Respondent
 

June, 20, 2013
SATHYA HETTIGE P.C.J.

The petitioners in this application filed under Article 126 of the Constitution of Sri Lanka, were the applicants for the post of Registrar of Births and Deaths for Hendala Division and Marriages (General) for the Southern Aluthkuru Korale Division in the District of Gampaha and alleged that their
 

8.

fundamental rights were infringed by the actions of the 1st to 6th respondents by appointing the 7th respondent for the said post. The petitioners also sought a direction from the court cancelling the appointment of the 7th respondent and appoint any one of the petitioners whose names appeared in the notice dated 14.06.2011 (P4) to the said post except Pelihawadana Arachchige Bernard Cyril Perera Jayawardane who did not attend the interview on 01.07.2011.

The court granted leave to proceed on the alleged viola­tion of Article 12(1) of the Constitution on 30th May, 2012.

When this matter was taken up for hearing on 7th December 2012 the respondents raised two preliminary objections on the maintainability of the application as follows:

1. That the petitioners' application was out of time in terms of Article 126 (

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