IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Writs of Certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA (Writ) 87/2022

1. Dr. N. V. Jayatilake No. 15 1/1, Park Avenue, Colombo 08.

2. R. A. Jayatilake No. 15, Park Avenue, Colombo 08.

and presently, 17044 Briardale Rd, Derwood, MD 20855, U. S. A.

Appearing by his attorney Dr. N. V. Jayatilake No. 15 1/1, Park Avenue, Colombo 08.

Petitioners Vs.

1. Colombo Municipal Council Town hall, Colombo 07.

2. Her Worship Mrs. Rosy Senanayake The Mayoress of Colombo, Colombo Municipal Council, Townhall, Colombo 07.

3. Roshanie Dissanayake Municipal Commissioner, Colombo Municipal Council, Townhall, Colombo 07.

3A.J. M. Bhadranie Jayawardhana Municipal Commissioner, Colombo Municipal Council, Townhall, Colombo 07.

4. Dr. R. L. De S. Wijayamuni Chief Medical Officer, Colombo Municipal Council, Townhall, Colombo 07.

5. Eng. (Mrs.) Y. Sylvester Deputy Municipal Commissioner, (Engineering Services), Colombo Municipal Council, Townhall, Colombo 07.

5A.Eng. (Mr.) A. G. Irshad Acting Deputy Municipal Commissioner, (Engineering Services), Colombo Municipal Council, Townhall, Colombo 07.

6. Sena Hetti Arachchige City Planning Division, Colombo Municipal Council, Town Hall, Colombo 07.

6A.Anuja Mendis Director City Planning Division (Acting)

Colombo Municipal Council, Townhall, Colombo 07.

Respondents Before : Sobhitha Rajakaruna, J.

Dhammika Ganepola, J.

Counsel : Uditha Egalahewa P.C. with Damitha Karunarathna and Miyuru Egalahewa for the Petitioners.

Senany Dayaratne with E. Mendis for the 3A, 4^th , 5A, and 6A Respondents.

Argued On : 07.09.2023 Written Submission : Petitioners : 09.10.2023 tendered On Respondents : 13.10.2023 Decided On : 30.01.2024 Dhammika Ganepola, J.

The 1^st and the 2^nd Petitioners are the owner of the condominium property bearing No. 15 and 15 1/1 situated in Campbell Park Avenue, Colombo 8. The Municipal Council of Colombo has issued a Certificate of Ownership dated 11.12.2017 pertaining to the above premises [CMC] confirming that the Petitioners are the owners of the premises.

The Petitioners state that the CMC created a hazardous environment within Campbell Park Avenue, Colombo 08, after installing the filling station within Campbell Park Avenue, Colombo 08. The environment of the area had become unsanitary and unhealthy as CMC had started using the surrounding of subject land as a parking ground for all garbage trucks, tractors, water tank carriers and backhoes owned by the CMC. Hence, the Petitioners had filed a Writ Application bearing No.60/2020 on or about 04.03.2020 and had obtained an interim relief against the CMC preventing the 1^st Respondent and its officers and employees from causing nuisance or inconvenience to the Petitioners by parking vehicles belonging to the 1^st Respondent CMC. However, the Petitioners assert that the officers of the CMC have acted in breach of the said interim order. Accordingly, the Petitioners through their Attorney-at-Law had sent a letter (P9) stating their intent to take action against the Respondents for contempt of court in respect of the alleged violation of the said interim order. The Petitioners contend that the Respondent responded to the said letter P9 by its letter P10. The Petitioners claim that the said response by P10 was malicious and consequently, the employees of the 1^st Respondent threatened to break down the walls of the property of the Petitioners’ immediately.

As the matters remain such, on or about 18.01.2022, by a notice marked P13 issued by the 6^th Respondent, the Petitioners had been advised to permanently close two gates towards the southern side of their property and take necessary action to regularize the boundary wall by obtaining the relevant approval. The Petitioners state that the aforementioned premises and the boundary wall of the said premises were built approximately in 1962 pu