31/05/2024
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The Court of Appeal pronounced judgment in the writ application filed by the Centre for Eco Cultural Studies (CES) and Justice for Animals and 3 other petitioners, quashing provisions of the Fauna and Flora (Protection, Well-being and Regularization of Registration of Tamed Elephants) Regulations No. 01 of 2021 made under Fauna & Flora Protection Ordinance in 2021.
Court made following orders,
A writ of certiorari quashing regulation 5(1), 5(2),6(1), 6(2), 6(3), 7(1),7(2),7(3) on the basis that the same has been unlawfully promulgated against the provisions of the FFPO.
A writ of certiorari quashing the orders made by the Magistartes Court of Colombo and Matale on 6th September 2021.
Writ of Mandamus directing the DWC, CID, IGP and AG to prosecute those who had elephants that were not legally registered.
Writ of prohibition to public officers not to take any decision to hand over Elephants in their custody.
Sanjeeva Jayawardena President’s Counsel with Prashanthi Mahindaratne, Shanka Amarasinghe, Dilumi De Alwis and
Lakmini Warusevitane appeared for the Petitioners in CA writ 420/2021instructed by Amila Kumara Attorney at law
