ANTHONY AND OTHERS

Vs.

MUNICIPAL COUNCIL, NEGOMBO AND OTHERS

COURT OF APPEAL
OBEYESEKERE, J.
CA/WRIT/383/2017
OCTOBER 16, 2019

Writs of certiorari and prohibition-Municipal Councils Ordinance, sections 4, 37(1)(b), 40(f), 46, 50, 86, 327-Power of Municipal Council to lease pavements-Duties of Municipal Councils

The Municipal Councils Ordinance vests all streets and pavements within the limits of a Municipal Council with the relevant Municipal Council. It is the Municipal Council's duty to maintain such streets and pavements, keep them clean, and ensure the protection and promotion of the comfort, convenience and welfare of the people therein. A Municipal Council does not have the power to lease a street or part thereof, including the pavements.

Cases referred to:

1. Liyanage v. Gampaha Urban Council (1991] 1 Sri LR 1

APPLICATION for Writs of Certiorari and Prohibition.

Dr. Sunil Coorey with Sudarshani Coorey for the Petitioners.

Rohan Sahabandu, P.C., with Sayonara Wickremasinghe for the 1st-4th Respondents.

Suranga Wimalasena, S.S.C., for the 5th and 7th Respondents.

cur. adv. vult.

March 13, 2020

OBEYESEKERE, J.

When this matter was t