Sadna Indunil Kasthuriarachchi vs Mahara Pradeshiya Sabha – CA WRIT 25/2013-2012

In Sadna Indunil Kasthuriarachchi v. Mahara Pradeshiya Sabha and others, the court addressed whether the decision of the Pradeshiya Sabha to serve notices declaring a boundary wall as dangerous to the public under Section 35 of the Pradeshiya Sabha Act No. 15 of 1987 could be quashed by writ of certiorari. It was held that the assessment of danger under Section 35 is a subjective decision of the local authority, with limited grounds for judicial interference. The petitioner’s evidence, including a structural engineer’s report noting only minor defects, did not warrant judicial intervention. The application to quash the notices was dismissed, reaffirming that such administrative decisions are generally insulated from judicial review except in exceptional circumstances.

S. Sriskandarajah J