Prakash Anand Schafter vs Secretary and Enforcement Officer, Boralesgamuwa Urban Council and others – CA PHC 0102-18-2024

In the case between Prakash Anand Schafter (petitioner) and the Secretary and Enforcement Officer, Public Health Inspector, and the Urban Council (respondents), the court addressed the issue of whether a writ of Mandamus can be invoked by a private party to compel public officers to perform statutory duties when the underlying matter is essentially a private dispute. It was held that Mandamus is only available to enforce duties of a public nature and cannot be extended to resolve private grievances related to the actions of private parties, such as the alleged illegal discharge of wastewater in this case. The decision reaffirmed the principle that a writ of Mandamus is confined to compelling the performance of public duties, relying on established legal texts and case law to emphasize that

REF: CA PHC 0102-18-2024 Category: Tag:
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