Kohomban Aratchige Piyal Roshan Dharmasena v. Dammika Muthugala et al. – CA 193/2017-2017

In the case between Kohomban Aratchige Piyal Roshan Dharmasena (Petitioner) and Dammika Muthugala, Municipal Commissioner, Dehiwala-Mount Lavinia Municipal Council, with several other respondents, the court addressed whether a writ of mandamus could be issued to compel the 1st Respondent to act on a recommendation by the Public Petitions Committee, in the absence of a statutory duty. The court held that, where there is no statutory obligation on the part of a public authority to implement a recommendation, the extraordinary remedy of mandamus cannot be granted. This conclusion reaffirmed that the jurisdiction under Article 140 of the Constitution is only available when a clear legal right and corresponding legal duty are established. The decision relied on established administrative law pr