S.R. F. Perera Vs Urban Council, Wattala – sllr 2005 volume 1 page 287

In the case between S.R.F. Perera (Plaintiff) and Urban Council, Wattala (Defendant), the court addressed whether a writ of mandamus should be issued to mandate the Urban Council to repair and maintain the local drainage system under Sections 104 and 105 of the Urban Councils Ordinance, No. 61 of 1939. It was determined that the Council had acted within its statutory powers and available resources in attempting to repair the drainage system, despite continued deficiencies and community impacts. The judgment reinforced the principle that mandamus cannot be employed to compel a public authority to act beyond its practical capacities or statutory authority, drawing upon authorities such as Regina vs Bristol Corporation, Ex parte Hendy. The petition for mandamus was dismissed, underlining that

REF: sllr 2005 volume 1 page 287 Category: Tag:
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