Aluthapola Rathnaloka Thero v. Officer in Charge, Police Station Minuwangoda – CA PHC/132/2013-2016

In the case between Ven. Aluthapola Rathnaloka Thero, Sri Dharmaratnodaya Piriven Temple, Aswana, Minuwangoda (Appellant) and the Officer in Charge, Police Station Minuwangoda and others (Respondents), the court addressed the issue of whether the Magistrate possessed authority under Section 81 of the Criminal Procedure Code to dispossess the Appellant from the temple premises for the purpose of preventing a breach of peace. It was held that the orders made by the Magistrate and affirmed by the High Court, which effectively removed the Appellant from his office and property, exceeded statutory authority, as Section 81 permits only the requirement of a peace bond and does not empower the court to dispossess individuals of property via summary orders. The principle was reaffirmed that dispute