M.B.N. Peiris nee Perera vs Wattala Pradeshiya Sabha – CA WRIT APPLICATION NO.536/2011-2013

In the case between M.B.N. Peiris nee Perera (Petitioner) and Wattala Pradeshiya Sabha (Respondent), the court addressed whether the Respondent should be prohibited by writ from entering the Petitioner’s land and/or constructing a masonry drain across it, particularly regarding the applicability of Section 38 of the Pradeshiya Sabhas Act No.15 of 1987 and contested facts concerning a previous drain’s existence. It was held that writ jurisdiction is inappropriate for resolving disputed or unclear facts regarding the drain’s historical presence, thereby dismissing the application for Writ of Prohibition. The case reaffirmed the principle that issues requiring extensive factual determination are not suitable for writ proceedings. Reliance was placed on statutory authority granted by the Prade