Velupillai Mahadevan v. Karthigesu Varatharajan and Commissioner, Municipal Council Jaffna – CA PHC APN APPLICATION NO.102/2012-2017

In the case between Velupillai Mahadevan and Karthigesu Varatharajan, with the Commissioner, Municipal Council Jaffna, as an additional respondent, the court addressed the legal issue of whether the Commissioner was correct in filing a single proceeding seeking both a mandatory demolition order under Section 28(A)(3) and a prosecution for unauthorized construction under Section 28(1) of the Urban Development Authority Law. It was held that the combining of two distinct remedies in one proceeding, together with the omission of required supporting documentation (affidavit, sketch, or technical officer report), constituted a fundamental procedural defect. This defect vitiated the proceedings from the outset. The principle reaffirmed was that procedural propriety is mandatory, and non-complian