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

1. Ekanayake Mudiyanselage Heen Manike, No. 580/2/B and (580/2/E), Model Town Lane (also known as Admiral Clancy CA Writ Application No: 505/2021 Fernando Mawatha), Thelawala, Rathmalana And Now at :-

Sri Sugatha Buddhist Centre, Kosgahawewa, Kobeigane

2. Venerable Mahanuwara Sugathasiri, Sri Sugatha Buddhist Centre, Kosgahawewa, Kobeigane PETITIONERS -Vs-

1. Moratuwa Municipal Council, Moratuwa.

2. Mr. S. D Thewarapperuma, Municipal Commissioner, Moratuwa Municipal Council, Moratuwa.

2A. Ms. L.P Manoja S. Pathirana, Municipal Commissioner, Moratuwa Municipal Council, Moratuwa.

3. Mr. M.H.C Koorwathura, Superintendent of Works, Moratuwa Municipal Council, Moratuwa.

4. Hon. W. Samanmal Fernando, Lord Mayor, Moratuwa Municipal Council, Moratuwa.

RESPONDENTS Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel: Rajeev Amarasuriya for the Petitioners.

Sudan Senadipathi for the 1^st – 4^th Respondents.

H. Hisbullah, instructed by Dinika Dias for the 5^th Respondent.

Written submissions tendered on:

20.10.2023 by the Petitioners

22.11.2023 by the Respondents Argued on: 04.07.2023 Decided on:23.01.2024 S. U. B. Karalliyadde, J.

The 1^st Petitioner in this Writ Application resided at No. 580/2/B and 580/2/E, Model Town Lane (now known as Admiral Clancy Fernando Mawatha), Thelawala, Rathmalana since 1976 and operated a business up until the said building was demolished by the Municipal Council of Moartuwa (1^st Respondent) on 27.07.2021. The Petitioners averred that the 1^st Petitioner is the owner of the land marked as Lot No. 43 in the Cadastral Map No. 520208 in terms of the Title Certificate registered at the Title Registry on 09.04.2019 marked as P-2 and since 1976 she had been in the adverse, uninterrupted and undisturbed possession of the land more fully described in the Deed of Declaration No. 9382 marked as P3A. Moreover, her name is included in the Electoral Register under the above address (marked as P-3D), and she had duly paid electricity bills and the annual license fee obtained from the 1^st Respondent to operate her business (marked as P-4A to P-4Q). In or about the year 2003, the Predecessor of the 1^st Respondent filed a case bearing No.36362 in the District Court of Moratuwa seeking to demolish the premises owned by the 1^st Petitioner, where the learned District Judge of Moratuwa refused to grant the relief sought by the Respondents by the Order dated 29.08.2003 (marked as P-9) on technical grounds. The 1^st Petitioner received a letter dated 10.02.2021 marked as P-10A from the Municipal Commissioner of the Municipal Council of Moratuwa (2^nd Respondent) informing her that an inspection was carried out by the technical officer due to a complaint received regarding the shop, built on the premises bearing No. 580/2E, Admiral Clarence Fernando Mawatha, Katubedda, Moratuwa blocking the road and asking her to remove the said building. Consequent to that the 1^st Petitioner drew the attention of the 2^nd and 4^th Respondents to the relevant documents to establish her ownership of the said premises.

Thereafter, the 1^st Petitioner received a letter dated 30.04.2021 marked as P-10B informing her that if she does not remove the unauthorized building obstructing the road, action would be taken to remove the said building on 12.05.2021 and recover the cost therein. Since she did not remove the building on 27.07.2021, the 2^nd Respondent came to the premises along with other Officers of the 1^st Respondent and demolished the premises.

The Respondents contend that the 1^st Petitioner had erected an unlawful and unauthorised structure obstructing and encroaching a part of the public road (Admiral Clancy Fernando Mawatha) causing severe inconvenience to the general public and the