GUNATHILAKA VS. MAYOR, MUNICIPAL COUNCIL KANDY AND TWO OTHERS

GUNATHILAKA VS. MAYOR, MUNICIPAL COUNCIL KANDY
AND TWO OTHERS

COURT OF APPEAL
CHITRASIRI, J.
MALANIE GUNERATNE. J.
CA [PHC] 63/09
PHC KANDY 11/2015 [WRIT]
JULY 16, 2014

Writ of Mandamus - Municipal Councils Ordinance - Section 73 - Section 77 - Removing of obstructions over Municipal passage ways? Was the passage under the control of the Kandy Municipality? is there a public duty cast upon the Municipality to maintain passage way? Delay - fatal?

The petitioner sought a writ of mandamus directing the respondents to take all necessary steps to remove the obstructions found over the Municipal passage way. The respondents contended that the passage way is not under the control of the Kandy Municipality and that it is a private access and no public duty is cast upon the Municipality to maintain such a passage used as a private access. The High Court refused the writ prayed for. In appeal,

Held:

(1) The appellants have failed to establish that the passage had been under the control of the Municipality. In terms of Section 72 - Section 77 of the Municipal Council Ordinance it can remove obstructions that are under

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