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2024 Supreme(SRI)(CA) 390

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
M. T. MOHAMMED LAFFAR, J
Koggala Koggodage Nihal Lakshan Sirisena vs. Urban Council Maharagama and others


Advocates:
Lakshan Dias with Maneesha Perera for the Petitioner Shyamal A. Collurewith Prabhath S. Amarasinghe and A. P. Jayaweera for the 5th Respondent Avanthi Weerakoon S. C. for the 3rd, 4th, and 6th Respondents

MOHAMMED LAFFAR, J.

The Petitioner has instituted this action seeking a Writ of Mandamus against the 1st to 4th Respondents. The Petitioner contends that the 5th Respondent, Mr. Dayanandha Alwis, proprietor of the DayaSanka Hotel, has constructed unauthorized structures on his property located adjacent to an 8-foot-wide private access road belonging to the Petitioner. This road serves as the sole access to the Petitioner’s residence at No. 218, Horana Road, Kottawa.

The contested structures include an unauthorized staircase, exhaust and sewage pipelines, window openings, exhaust fan openings, and a roof extension, all encroaching upon and affecting the Petitioner’s private road. These alterations allegedly obstruct and restrict access, pose health risks, and constitute a nuisance. The Petitioner’s complaints to both local authorities and law enforcement failed to resolve the issues. Despite multiple notices from the Urban Development Authority and Maharagama Urban Council, the 5th Respondent has continued these unauthorized constructions without rectification or approval.

The Petitioner, therefore, prays for a mandate compelling the 1st to 4th Respondents to demolish the unauthorized

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