V Manicavasagar
Encyclopedia
Deshamanya
Manicavasagar Vaithalingam(December 17, 1906 - December 12, 1993) was a Sri Lankan lawyer, Puisne Justice
of the Supreme Court of Sri Lanka
, Chancellor
of the University of Jaffna
and Chairman of the Commercial Bank of Ceylon
.
stockbroker Mudaliyar
Arunachala Vaithalingam. Both his paternal and maternal family hails from the affluent town of Manipay
, Jaffna
. He began his education at the prestigious Royal College, Colombo where he excelled in academics and went on to obtain a degree in law from the Colombo Law College.
Vaithalingam joined the judicial service 9 years after being called to the bar, as an Acting Magistrate in Mallakan. For over two decades, he functioned as a Magistrate
and District Judge
in different parts of the island and in October, 1962, he was appointed a Commissioner of Assize. He continued as such till his appointment to the Supreme Court of Sri Lanka
in 1964 by President Sirimavo Bandaranaike
.
and was then appointed as the first Chancellor
of the University of Jaffna
.
In Retirement, he was a member of both the Citizen Committee and the Delimitation Committee among many others. A devote Hindu, he also served as President of the Educational Society for many years.
In the citizens committee chaired by his former colleague on the bench, O. L. de Krester as well as Bishop Sabapathy Kulendran of the Church of South India in Jaffna, he worked on the Report of the Commission of Inquiry, on the Tragedy of January Tenth 1974.
Judge
.
They have two children: (1)Arunachala Manicavasagar, JP
, who married Skandaleela - daughter of Proctor Sivakolundu Rajendran (JP
, NP
) and his wife Kamalambigai, youngest daughter of Stowell Elaithamby Murgesampillai - and his younger sister, (2)Nirmala Ragunanthan, who is married to Ragunanthan Thambimutha, Managing Director of Raniyo (Pvt) Ltd. Both of his children continue to live in Colombo while his grandchildren and great grandchildren now reside in North America.
Vaithalingam and his wife were very prominent within the upper echelons of society. However, he and his wife were both very religious and devout Hindus and always kept an eye on their charity work. Vaithalingam was very close to his wife, and left his high society life for a spiritual undertaking and much subdued persona following her passing.
Vaithalingam remained close friends with Junius Richard Jayewardene
up until his death in 1993. As per an anecdote by Justice Naharaja, when the former president came to visit Vaithalingam upon his deathbed, Vaithalingam in a sour state joked about the workings of society by telling Jayewardene that though he had time and again bested him in every academic endeavor throughout their academic career, he had only become a Supreme Court Judge whilst it was Jayewardene that had become President - effectively questioning the workings of society. They all, however, quickly laughed the statement away.
Deshamanya
Deshamanya is the second highest Sri Lankan national honour awarded by the Government of Sri Lanka as a civil honour.It is conventionally used as a title or prefix to the awardee's name....
Manicavasagar Vaithalingam(December 17, 1906 - December 12, 1993) was a Sri Lankan lawyer, Puisne Justice
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
of the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
, Chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
of the University of Jaffna
University of Jaffna
Jaffna University is a public university in the city of Jaffna, Sri Lanka.- Overview :Jaffna University has four campuses; Thirunelveli, Marathanamadam, Kaithady and Vavuniya...
and Chairman of the Commercial Bank of Ceylon
Commercial Bank of Ceylon
Commercial Bank of Ceylon PLC is one of the leading commercial banks in Sri Lanka with 200 branches and more than 400 ATM's.The bank has a subsidiary in Bangladesh....
.
Early years
Vaithalingam was born on December 17, 1906 to prominent ColomboColombo
Colombo is the largest city of Sri Lanka. It is located on the west coast of the island and adjacent to Sri Jayawardenapura Kotte, the capital of Sri Lanka. Colombo is often referred to as the capital of the country, since Sri Jayawardenapura Kotte is a satellite city of Colombo...
stockbroker Mudaliyar
Sri Lankan Mudaliyars
Mudali was a colonial title & office in Sri Lanka. The Portuguese colonials created the Mudaliyar class in the 17th century by enlisting natives of different castes form the coastal areas, who were most likely to serve the Portuguese masters with utmost loyalty. The Dutch continued the practice of...
Arunachala Vaithalingam. Both his paternal and maternal family hails from the affluent town of Manipay
Manipay
Manipay or Maanippaai is an affluent town in the northern Jaffna District of Sri Lanka. The original name of Manipay is Periya pulam. It was a mission location when the American Ceylon Mission came to Sri Lanka in the 19th century. Dr. Samuel Fisk Green founded the Green Memorial Hospital in 1864...
, Jaffna
Jaffna
Jaffna is the capital city of the Northern Province, Sri Lanka. It is the administrative headquarters of the Jaffna district located on a peninsula of the same name. Jaffna is approximately six miles away from Kandarodai which served as a famous emporium in the Jaffna peninsula from classical...
. He began his education at the prestigious Royal College, Colombo where he excelled in academics and went on to obtain a degree in law from the Colombo Law College.
Judicial career
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
and District Judge
District Judge
District Judge may refer to*A member of the Judiciary of England and Wales*A United States federal judgeNormally concerned with the civil law. I.e. Families, bankruptcy, property etc....
in different parts of the island and in October, 1962, he was appointed a Commissioner of Assize. He continued as such till his appointment to the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
in 1964 by President Sirimavo Bandaranaike
Sirimavo Bandaranaike
Sirimavo Ratwatte Dias Bandaranaike was a Sri Lankan politician and the world's first female head of government...
.
Judgments
Mentioned below are a few of the numerous judgments in which Justice Vaithalingam was involved. All of the cases below are from the Supreme Court of Sri Lanka and no judgments from lower courts have been included.Cases presided over
- Mohideen v. Village Council, Nintavur - NLR - 469 of 68 [1965] LKSC 22; (1965) 68 NLR 469 (14 September 1965).
- The Solicitor General v. WM Podisira - NLR - 502 of 67 [1965] LKSC 23; (1965) 67 NLR 502 (27 August 1965)
- Thenabandu v. Samarasekera - NLR - 472 of 70 [1967] LKSC 1; (1967) 70 NLR 472 (26 November 1967)
- Jayasena v. The Queen - NLR - 369 of 68 [1966] LKSC 14; (1966) 68 NLR 369 (12 May 1966)
- Dahanayake v. Kannangara - NLR - 260 of 68 [1966] LKSC 24; (1966) 68 NLR 260 (7 February 1966)
- Don Sadiris.L v. Heenhamy.L - NLR - 17 of 68 [1965] LKSC 10; (1965) 68 NLR 17 (20 July 1965)
- Babanisa v. Ukku - NLR - 305 of 68 [1965] LKSC 27; (1965) 68 NLR 305 (13 January 1965)
- The Queen v. Abeysinghe - NLR - 386 of 68 [1965] LKSC 11; (1965) 68 NLR 386 (21 June 1965
Cases in which referred to for Common Law purposes
- Arumugam Coomaraswamy v. Andris Appuhamy and Others - SLR - 219, Vol 2 of 1985 [1985] LKSC 8; (1985) 2 Sri LR 219 (19 June 1985)
- Wellington v. Amerasinghe - SLR - 41, Vol 1 of 1987 [1986] LKSC 38; (1987) 1 Sri LR 41 (10 November 1986)
- Subair v. Isthikar - NLR - 397 of 77 [1974] LKSC 5; (1974) 77 NLR 397 (3 July 1974)
- WAHemadasa v. JL Sirisena - NLR - 201 of 69 [1966] LKSC 29; (1966) 69 NLR 201 (22 September 1966)
- Jeyaraj Fernandopulle v. Premachandra De Silva and Others - SLR - 70, Vol 1 of 1996 [1996] LKSC 14; (1996) 1 Sri LR 70 (9 July 1996)
- Gunaratne Menike v. Jayatileke Banda - SLR - 152, Vol 2 of 1995 [1994] LKSC 43; (1995) 2 Sri LR 152 (13 December 1994)
Post-Judicial Career
After retiring from the Supreme Court, Vaithalingam was appointed Chairman of the Commercial Bank of CeylonCommercial Bank of Ceylon
Commercial Bank of Ceylon PLC is one of the leading commercial banks in Sri Lanka with 200 branches and more than 400 ATM's.The bank has a subsidiary in Bangladesh....
and was then appointed as the first Chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
of the University of Jaffna
University of Jaffna
Jaffna University is a public university in the city of Jaffna, Sri Lanka.- Overview :Jaffna University has four campuses; Thirunelveli, Marathanamadam, Kaithady and Vavuniya...
.
In Retirement, he was a member of both the Citizen Committee and the Delimitation Committee among many others. A devote Hindu, he also served as President of the Educational Society for many years.
In the citizens committee chaired by his former colleague on the bench, O. L. de Krester as well as Bishop Sabapathy Kulendran of the Church of South India in Jaffna, he worked on the Report of the Commission of Inquiry, on the Tragedy of January Tenth 1974.
As Chancellor of the University of Jaffna
Vaithalingam was appointed as the first Chancellor of the University of Jaffna by the President of Sri Lanka with effect from the first of January, 1979. In the course of his tenure, which lasted half a decade, he presided over the first convocation held at the Veerasingam Hall on the 13th of September 1980 and also delivered the very first convocation address.Personal life
Vaithalingam married Valamba, the eldest daughter of Nannithamby Selliah of Rosmead Place - son of Visva Udayar Sangarapillai Nannithamby and Broker of Mackwood & Co. - & his wife Sellam - daughter of Kandarthamby Kandiah (Chattambiar) - and sister of Justice Siva Selliah, High CourtHigh Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
They have two children: (1)Arunachala Manicavasagar, JP
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, who married Skandaleela - daughter of Proctor Sivakolundu Rajendran (JP
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, NP
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
) and his wife Kamalambigai, youngest daughter of Stowell Elaithamby Murgesampillai - and his younger sister, (2)Nirmala Ragunanthan, who is married to Ragunanthan Thambimutha, Managing Director of Raniyo (Pvt) Ltd. Both of his children continue to live in Colombo while his grandchildren and great grandchildren now reside in North America.
Vaithalingam and his wife were very prominent within the upper echelons of society. However, he and his wife were both very religious and devout Hindus and always kept an eye on their charity work. Vaithalingam was very close to his wife, and left his high society life for a spiritual undertaking and much subdued persona following her passing.
Vaithalingam remained close friends with Junius Richard Jayewardene
Junius Richard Jayewardene
Junius Richard Jayewardene , famously abbreviated in Sri Lanka as JR, was the first executive President of Sri Lanka, serving from 1978 till 1989. He was a leader of the nationalist movement in Ceylon who served in a variety of cabinet positions in the decades following independence...
up until his death in 1993. As per an anecdote by Justice Naharaja, when the former president came to visit Vaithalingam upon his deathbed, Vaithalingam in a sour state joked about the workings of society by telling Jayewardene that though he had time and again bested him in every academic endeavor throughout their academic career, he had only become a Supreme Court Judge whilst it was Jayewardene that had become President - effectively questioning the workings of society. They all, however, quickly laughed the statement away.