W. Upali Abeywardena v. Municipal Council, Anuradhapura – CA PHC 214/2005-2005

In the case between W. Upali Abeywardena and the Municipal Council, Anuradhapura and others, the court addressed the validity of a demolition notice (‘P 11’) issued under the Urban Development Authority Act and whether the High Court’s dismissal of a Writ of Certiorari application was proper. It was held that the demolition notice was issued within lawful authority, and no procedural impropriety or abuse of power by the Respondents was established. The principle reaffirmed was that grant of prerogative writs such as certiorari rests on judicial discretion, only exercised upon clear legal or procedural error. The decision relied on relevant statutory provisions and recognized precedents, highlighting that absence of illegality or irregularity precludes appellate intervention.

W.M.M. Malini