S.W. Rathnapala vs Municipal Council Anuradapuraya – CA PHC 219/05-2014

The case between S.W. Rathnapala and the Municipal Council, Anuradhapura, addressed whether the High Court Judge erred in refusing to issue a Writ of Certiorari to quash a demolition notice from the Council. The court held that no grounds existed for appellate interference since an adequate alternative remedy—objecting before the Magistrate as provided under the Municipal Council Ordinance—was available to the Appellant. The principle reaffirmed was that discretionary relief by way of writ will generally not be granted when a suitable alternative statutory remedy exists. This determination considered the framework of the Municipal Council Ordinance and earlier precedent underscoring the primacy of statutory remedies, highlighting the necessity for litigants to exhaust such remedies before

REF: CA PHC 219/05-2014 Category: Tag:
Scroll to Top