Provincial Road Development Authority of the Western Province vs Officer-in-Charge, Police Station, Maharagama – CA CPA/123/2023-2024

In the case between the Provincial Road Development Authority of the Western Province (petitioner) and multiple respondents, including the Officer-in-Charge of the Police Station at Maharagama and officials from relevant government bodies, the court addressed the legal issue of whether a conditional order addressing a public nuisance (rainwater drainage) complied with section 98 of the Code of Criminal Procedure Act. It was held that the conditional orders, being vague and lacking essential elements such as time limits and specific instructions, did not permit clear enforcement. The principle reaffirmed was that an order affecting parties must be clear and executable within the statutory framework. The findings relied upon the interpretation of section 98 and Article 138 of the Constitutio