Gunathilaka vs. Mayor, Municipal Council Kandy and Two Others – sllr 2014 volume 1 page 076

In the case between Gunathilaka and the Mayor, Municipal Council Kandy and others, the court addressed the issue of whether a writ of mandamus should be issued to compel the Municipality to remove obstructions from a passageway alleged to be under municipal control. It was held that the appellant failed to prove municipal control over the passage or the existence of a public duty under Sections 73 and 77 of the Municipal Councils Ordinance requiring such action. The considerable delay of nearly two years in initiating proceedings was deemed decisive, precluding the grant of writ relief. The principle reaffirmed is that writ jurisdiction demands prompt pursuit of judicial remedies and that no writ lies absent a clear public duty. The decision relied on interpretation of statutory provisions