Municipal Council of Moratuwa vs Weerahennadige Shian Hiresh Fernando – SC APPEAL NO. 128/2013-2016

In the case between the Municipal Council of Moratuwa, His Worship Lord Mayor Moratuwa, and the Municipal Commissioner (Respondent-Petitioners), and Weerahennadige Shian Hiresh Fernando (Petitioner-Respondent), the primary legal issue concerned whether the issuance of a writ of mandamus by the Court of Appeal complied with statutory and procedural requirements, specifically regarding the right to be heard for all affected parties, such as Dickman Cooray, the occupier of the disputed premises. It was determined that the absence of a hearing for an interested party before ordering demolition of alleged unauthorized constructions constituted a breach of natural justice. Relying on established legal principles mandating the observance of natural justice in administrative proceedings, the court