Dehiwela-Mt. Lavinia Municipal Council and Others v. Gauthamadasa and Others – sllr 2003 volume 3 page 288

The case between the Dehiwala-Mt. Lavinia Municipal Council and others (Party A) and Gauthamadasa and others (Party B) addressed whether the municipal authority’s decision to conduct a survey for a road widening project constituted a wrongful act infringing property rights and whether an interim injunction was appropriate absent a prima facie case of harm. It was held that the council’s survey, conducted under statutory authority and with proper notice, did not amount to a wrongful act nor create immediate risk to property rights. The necessity of establishing both a prima facie case and imminent harm for injunctions was reaffirmed, emphasizing that discretionary remedies cannot be granted on the mere allegation of potential prejudice. The decision relied on the Municipal Councils Ordinanc