Sujatha Nalini Gunathilake v. IB. Mahindra Ratwatte et al – CA PHC NO.63/09-2014

In the case between Sujatha Nalini Gunathilake (Petitioner-Appellant) and IB. Mahindra Ratwatte, Mayor, Municipal Council Kandy, and others (Respondent-Respondents), the court addressed whether the Municipal Council Kandy was legally required to remove obstructions from a passageway under Sections 73 and 77 of the Municipal Council Ordinance. It was held that the passageway was not under the control of the Municipal Council and, being private in character, no public duty was imposed on the Council justifying issuance of a Writ of Mandamus. The principle reaffirmed is that a writ of mandamus can only compel performance of a public duty, not a private one. The decision was based on the evidence and legal precedent concerning writ jurisdiction and the necessity of a public right or duty. Furt