Weera Hennedige Shian Hiresh Feranndo vs. The Municipal Council of Moratuwa – CA 878/2008-2008

In the case between Weera Hennedige Shian Hiresh Fernando (petitioner) and the Municipal Council of Moratuwa, His Worship the Lord Mayor of Moratuwa, and the Municipal Commissioner (respondents), the court addressed issues concerning the non-performance of statutory duties by the respondents under the Municipal Council Ordinance, particularly regarding the unauthorized occupation and construction on property owned by the petitioner. The court held that the respondents’ statement of objections could not be accepted due to defective affidavits and determined that the petitioner was entitled to a Writ of Mandamus requiring the respondents to perform their statutory obligations. The decision reaffirmed the principle that statutory duties must be strictly observed and upheld, and that affidavit