Home / / Interim stay order issued against Institute of Valuers

Interim stay order issued against Institute of Valuers


Comments / 1441 Views / Monday, 31 October 2011 00:00


By S.S. Selvanayagam

The Court of Appeal issued an Interim Order Staying the decision of the Institute of Valuers of Sri Lanka to suspend one of its longstanding members from his membership.

The Bench comprised Justices S.Sriskandarajah (President) and Nalin Perera.

Petitioner E. Dayasena cited the Institute of Valuers of Sri Lanka, its President S.M. Wijepala and members and office bearers of the said institute.

Counsel Rajeev Amarasuriya instructed by Amarasuriya Associates appeared for the Petitioner. Hugo Anthony with Nelusha Dheerasekera appeared for the Respondents.

His counsel submitted the impugned punishment suspending the membership of the petitioner from the Institute of Valuers, which is a creature of Statute, for using an obsolete member seal, was patently ultra vires the provisions of the law and a nullity.

He also contended the decision to punish the petitioner did not carry the required number of votes and was therefore void and maintained the punishment was mala fide as it had been effected, even before the decision had been duly ratified by the Institute.

Petitioner, in his Writ application, states he is one of the senior most valuers of the Valuation Department and has been a member of the institute for 25 years.

He complains neither the law nor the regulations passed by the Minister stipulate the requirement for a seal and maintains the punishment imposed on him has been actuated in bad faith, for collateral and extraneous considerations.


Share This Article


COMMENTS

Today's Columnists

Budget has a welcome focus on the rural economy

29 June 2017

 The wellbeing of the people of this country is closely linked to the rural areas which have approximately 75% of the population. The rural economy encompasses all of our agriculture, and related activities, and fishing, and a raft of various...


Venerable rabble

28 June 2017

“If the field was not fertile, the crop would be poor, and the farmer must naturally be unhappy about it. If the Sangha was impure, the charity bestowed on them would bring poor results, and the donors must naturally be unhappy about it. Thi...


Is the Government becalmed?

28 June 2017

Almost two years into its term, it is difficult to explain away the current Government’s lack of achievements on the economic front. I count the term of the Government from August 2015, rather than January 2015, because the focus in the exte...


Saman Kelegama: Even the blood running through his veins is oriented to economics

27 June 2017

The bearded economist who saw shortcomings of Sri Lanka’s liberalisation move My association with Dr. Saman Kelegama, Executive Director of the Institute of Policy Studies or IPS, dates back to the early 1990s when I had the opportunity to...


Columnists More