P.V. Munasinghe vs. A.M. Newton Kulasuriya – SC Appeal 102/2017-2024

In the case between P.V. Munasinghe (Plaintiff-Respondent) and A.M. Newton Kulasuriya (Chairman, Urban Council, Minuwangoda) and L.N.A.P. Kumarasinghe (Superintendent of Works, Urban Council, Minuwangoda) (Defendants/Appellants), the Supreme Court addressed the issue of whether the appellants acted bona fide or with malice in prosecuting the respondent for alleged unauthorized construction, and the extent of statutory protections under sections 220(1) of the Urban Councils Ordinance and section 461 of the Civil Procedure Code, especially concerning the requirement of prior notice. The holding determined that the appellants acted with malice and without reasonable cause, rendering the statutory notice protections inapplicable and justifying a claim for malicious prosecution. Existing preced