Aslam Othman and Others vs The Colombo Municipal Council and Others – CA WRIT APPLICATION NO. 93/2014-2014

In the case between Aslam Othman, Mohamed Hassein Mohamed Naufer, Abdul Azeez Sheikh Nihar and others (Petitioners) and the Colombo Municipal Council, His Worship A.J.M. Muzzammil, and others (Respondents), the court addressed whether the 5th Respondent had unlawfully encroached upon the Muslim Burial Ground at Maligawatta and whether the Colombo Municipal Council had correctly issued or extended a development permit in favour of the 5th Respondent. The main issue was whether the Court of Appeal should grant writs of prohibition and mandamus or grant a stay against further development. It was held that the alleged encroachment constituted a factual dispute that must be determined by the District Court, and that the Court of Appeal had no jurisdiction at this stage to determine this central