Ekanayake Mudiyanselage Heen Manike and Another Vs Moratuwa Municipal Council and Others – CA WRIT APPLICATION NO: 505/2021-2024

In the case between Ekanayake Mudiyanselage Heen Manike and Venerable Mahanuwara Sugathasiri (Petitioners) and Moratuwa Municipal Council and others (Respondents), the court addressed the legality of the Moratuwa Municipal Council’s demolition of a building owned by the Petitioners. The issues considered were whether the Council acted within its statutory authority under Sections 73(1) and 77 of the Municipal Council Ordinance No. 29 of 1947, and whether the availability of alternative civil remedies to the Petitioners precluded exercise of writ jurisdiction. It was held that the Council’s actions were authorized by law, that the enabling statutory language granted discretion rather than imposed an obligation, and that the relief sought would be futile in light of adequate alternative civi