IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Prakash Anand Schafter No. 15M, Ekanayake Avenue, Nugegoda. Petitioner Vs.

CA (PHC) 0102 - 18 HC WA-07-2017

1. Secretary and enforcement Officer Boralesgamuwa Urban Council No. 01, Abeyrathna Mawatha, Boralesgamuwa.

2. Public Health Inspector Boralesgamuwa Urban Council No. 01. Abeyrathna Mawatha, Boralesgamuwa.

3. Boralesgamuwa Urban Council No. 01, Abeyrathna Mawatha, Boralesgamuwa.

4. D. R M. P. Thuwan No. 166, Suriyamal Mawatha, Divul Pitiya, Boralsgamuwa.

5. A. C. Sirisena No. 262/B, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

6. K. A. Anura No. 262/A/1, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

7. J. Firose No. 168/B, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

8. M. C. Perera No. 162A, Suriyamal Mawatha, Divulpitiya, Boralesgamuwa.

Respondents And Now Prakash Anand Schafter N. 15M, Ekanayake Avenue.

Nugegoda.

Petitioner – Petitioner Vs.

1. Secretary and Enforcement Officer Boralesgamuwa Urban Council No. 01, Abeyrathna Mawatha, Boralesgamuwa.

2. Public Health Inspector Boralesgamuwa Urban Council No. 01. Abeyrathne Mawatha, Boralesgamuwa.

3. Boralesgamuwa Urban Council No. 01, Abeyrathna Mawatha, Boralesgamuwa.

4. D. R. P. Thuwan No. 166, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa. 5. A. C. Sirisena No. 262/B Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

6. K. A. Anura No. 262/A/1, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

7. J. Jiroz No. 168/B, Suriyamal Mawatha, Divul Pitiya, Boralesgamuwa.

8. M.C Perera , No. 162A, Suriyamal Mawatha, Divulpitiya, Boralesgamuwa.

Respondents - Respondents Before : Hon. M Sampath K. B Wijeratne,J.(CA)

: Hon. M. Ahsan R. Marikar, J.(CA)

Counsel : Heshan Mamuhewa for the Petitioner.

Tilak Wijesinghe with A. W. Gunasekara instructed by Lakpriya appears for the

1st and 3rd Respondents.

Written Submissions filed by : 1^st and 3^rd Respondents – Respondents on 15.06. 2022 Petitioner – Appellant on 24.07.2024

4th 8th Respondents - Respondents on 28.08.2024 Argued on : 16.05.2024 Decided on : 25.10.2024 M. Ahsan R. Marikar, J. (CA)

Introduction

1) This is an appeal against the Order made by the Provincial High Court of Colombo dismissing a Writ of Mandamus application.

2) The petition of appeal dated 25th May 2018 had sought the reliefs prayed for as follows;

a) Issue notice of this appeal to the 1^st to 8^th Respondents-

Respondents b) Make an Order calling for the full case proceedings of the High Court of Colombo Case No. HC/WA/07/2017 to Your Lordship’s Court c) Set aside the Order made by the Learned High Court Judge of Colombo in High Court of Colombo Case No. HC WA/07/2017 and dated 27^th March 2018 marked “x”

d) Make an Order issuing notice on the 1^st to 8^th Respondents-

Respondents on the basis of the matters Urged before Your Lordship’s Court at the hearing of Appeal;

e) For costs, and f) For such other and further relief that Your Lordship’s Court shall seem meet.

Facts of this case

3) The Petitioner-Petitioner [hereinafter referred to as the “Petitioner”]

is the owner of the land situated at No. 28/11, Suriyamal Mawatha, Divulapitiya, Boralesgamuwa as described in the schedule to the petition.

4) The 4^th to 8^th Respondents are also the residents of Suriyamal Mawatha, Boralesgamuwa. The dispute had arisen between the Petitioner and the 4^th to 8^th Respondents regarding the discharge of wastewater into the culvert/drain which had been constructed to facilitate the flow of rain water through the Petitioner’s property.

5) The 1st to 3rd Respondents are respectively the Secretary to the Urban Council Boralesgamuwa, Public Health Inspector and the Boralesgamuwa Urban Council who are responsible for Urban Governance.

6) The Petitioner contended that the discharge of wastewater is an illegal act by the 4^th to 8^th Respondents and it pollutes the environment, creates health hazards to the public and causes severe environmental damage.

7) The said matter was reported by the Petitioner to the 1st Respondent and informed the Chairman of the 3rd