MOHAMMED LAFFAR, J.

The Petitioner has instituted this action seeking a Writ of Mandamus against the 1^st to 4^th Respondents. The Petitioner contends that the 5^th 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 5^th Respondent has continued these unauthorized constructions without rectification or approval.

The Petitioner, therefore, prays for a mandate compelling the 1^st to 4^th Respondents to demolish the unauthorized structures, including the staircase, pipelines, window openings, exhaust fan openings, and any other encroachments.

Petitioner’s Contention

The Petitioner, claims exclusive legal ownership over an 8-foot-wide private access road leading to his residence at No. 218, Horana Road, Kottawa. This right is established under a deed of transfer dated 27.10.1995 (marked ‘P1’), which confirms the road as his sole ingress and egress from the main road, granting him and his family unimpeded access. Since acquiring the property, he asserts that he has used this road continuously without interference, in accordance with his legal rights. The Petitioner contends that this private access is essential for him and his family to enter and exit their residence safely, and any encroachment severely impedes his lawful right to its peaceful use.

The Petitioner further claims that the 5th Respondent, Mr. Dayanandha Alwis, proprietor of the DayaSanka Hotel located adjacent to the road, has unlawfully constructed multiple structures on his property that directly encroach upon this access road. Specifically, these unauthorized structures include a staircase that opens onto the access road, sewage and exhaust pipelines, exhaust fans, windows opening directly over the access road, and an extended roofline. These structures are allegedly in violation of the original, approved building plan for the hotel premises, as they were erected without the necessary municipal and regulatory approvals. The Petitioner emphasizes that these encroachments directly interfere with his lawful use of the road, creating serious issues that impact his quality of life, safety, and overall enjoyment of his property.

The Petitioner provides extensive photographic evidence (marked P5(a), P5(b), and P6) documenting the unauthorized structures that obstruct his access road. These photographs capture the physical encroachments and establish a clear violation of his right to unobstructed access. The Petitioner highlights specific disruptions caused by the hotel operations, including frequent blockages from hotel patrons and chairs, tables, and other furniture that the

5th Respondent’s staff regularly place along the road. Additionally, the road is often littered with waste from the hotel, exacerbating hygienic and safety concerns for the Petitioner and his family. The Petitioner further alleges that unauthorized sewage and exhaust pipes have led to hazardous waste and smoke being directed onto the road, causing not only an obstruction but also potential health hazards. The cumulative impact of these actions has led to a substantial diminishment in the quality of life for the Petitioner, infringing upon his legal rights and creating significant daily inconveniences.

The Petitioner contends that he has taken all rea