Officer in Charge, Police Station, Alawwa vs W.M Robert Gunawardane – CA PHC/159/2006-2016

In the case between Officer in Charge, Police Station, Alawwa and W.M. Robert Gunawardane, W.M. Amarasinghe, and others, the court addressed whether the Magistrate of Warakapola was correct in granting possession of a disputed threshing floor and access road to the 1st Party Respondent (Appellant) despite a delayed police report and a prolonged dispute history. The central issue was whether a sufficient threat of breach of peace existed to justify the Magistrate’s order, given the lack of immediate urgency and delay in complaint filing. It was held that the High Court correctly set aside the Magistrate’s order due to the absence of imminent breach of peace and procedural delay. This determination relied on the principles governing urgent preventive jurisdiction of Magistrate’s Courts under