Mithrasena Punchihewa vs. Urban Development Authority – CA 41/2009-2009

In the case between Mithrasena Punchihewa (Petitioner) and Urban Development Authority, Asoka Vanderbona, Chandrasiri Rodrigo / Justin Susil Thomas Rodrigo, and others (Respondents), the court addressed whether a Writ of Mandamus could compel the Urban Development Authority and related statutory authorities to remove alleged unauthorized constructions (a wall and gate) on specified lots. It was held that such writ relief could not be granted due to the absence of a present statutory duty upon the Urban Development Authority, following the proper delegation of functions to the Panadura Urban Council, and due to substantial laches on the part of the petitioner. The principle reaffirmed is that prerogative writs do not issue on disputed facts where alternative remedies exist and where questio