R.D. Fernando vs S.P. Mercy Catherine Perera – SC APPEAL NO: 203/2012-2025

The court addressed the issue of the validity of a closing order issued under the Housing and Town Improvement Ordinance No. 19 of 1915. It was determined that the learned Magistrate’s order issued on 07-07-1994 was properly restored to override the Additional Magistrate’s erroneous order, thereby affirming that a Magistrate holds the authority to rectify an obvious error even when it arises from an intervening order. The decision reaffirmed the principle that statutory procedures under section 77 must be strictly followed to ensure proper notice and due process in matters concerning uninhabitable dwellings. This determination relied on relevant statutory provisions and precedents, including Sivapathalingham Vs. Siva Subaramaniam and Gunasena Vs. Bandaratilake, emphasizing the necessity of