Dr. Ananda Raj Kumar and Wachana Liyanage vs Chairman, Balapitiya Pradeshiya Sabhawa – CA PHC 166/09-2014

In the case between Dr. Ananda Raj Kumar Wachana Liyanage (Petitioner-Appellant) and the Chairman of the Balapitiya Pradeshiya Sabhawa and others (Respondents), the court addressed the legality of the High Court’s refusal to issue a writ of certiorari to quash the Chairman’s decision regarding actions under Section 107 of the Pradeshiya Sabha Act, which concerns the maintenance and removal of dangerous trees. It was held that the High Court erred in not considering whether the Chairman abdicated statutory discretion by acting on the advice of the Assistant Commissioner of Local Government rather than independent judgment, and whether requirements of good faith and proper statutory consideration were satisfied. The principle reaffirmed is that an authority vested with statutory discretion m