Kalupahanage Somadasa v. Vajira Kalyani Padmaperuma – CA PHC/150/2013-2022

In the case between the Officer in Charge, Police Station, Padukka (Complainant) and Vajira Kalyani Padmaperuma (1st Party Respondent) concerning the demarcation and obstruction of a right of way, the central issue involved whether the removal of a fence and related obstructions—ordered based on Police observation notes and subsequent to an impracticable settlement—was lawful under Section 66 of the Primary Courts’ Procedure Act. It was held that the High Court was justified in ordering the removal of the obstructions, as all evidence, including affidavits and survey plans, had been duly considered. The principle reaffirmed was that interventions relying solely on police reports require judicial scrutiny, but where all available evidence substantiates the decision, appellate interference i

REF: CA PHC/150/2013-2022 Category: Tag:
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