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2024 Supreme(SRI)(CA) 444

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Sobhitha Rajakaruna, Mahen Gopallawa, JJ
Kaluthanthri Arachchige Don Henry Shelton – Appellant
Versus
W. M. Amarasena Wijethunga and Others. – Respondent


Advocates:
Dr. Sunil Coorey for the Petitioner P.P Gunasena for the 1st Respondent. Aravinda Athurupana with Upendra Kalahewatta for the 2nd to 4th Respondents

Mahen Gopallawa J.

The Petitioner has invoked the jurisdiction of this Court in terms of Article 140 of the Constitution and sought a writ of Mandamus directing the 2nd Respondent to take necessary steps for the demolition of the wall standing on the western boundary of the Petitioner’s land, which is described in the schedule to the petition and depicted in Plan No. 4203 dated 27.11.2004 made by H. R. Samarasinghe, Licensed Surveyor and annexed to the petition marked P2.

The 1st Respondent is the party who is alleged to have constructed wall in issue, the 4th Respondent is the Wattala Pradeshiya Sabha, within whose territorial limits the land is situate, and the 2nd and 3rd Respondents are respec Pradeshiya Sabha. The said Respondents have filed objections objecting to the relief sought by the Petitioner.

The Petitioner states that the land described in the said schedule to the petition and depicted as Lot 4 of the aforementioned Plan No. 4203 marked P2 is owned by him by virtue of a Deed of Gift No. 2049 dated 31.03.2017 attested by Christopher Jehan Croospulle, Notary Public executed in his favour, which is annexed to the petition marked P1. In the Plan marked P2, the western bound

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