Officer In Charge, Minor Complaints Unit, Kegalle vs. W.D. Leelawathie et al. – CA PHC 07/2006-2006

In the case between Officer in Charge, Minor Complaints Unit, Kegalle (Plaintiff) and W.D. Leelawathie, M.U. Wijeratne Menike alias W.P Wijeratne Menike, and Ranasinghe Arachchige Punchi Banda (Main Respondents), the court addressed whether a dispute relating to a roadway was likely to cause a breach of the peace under Section 66 of the Primary Court Procedure Act No. 44 of 1979, and whether the Magistrate’s refusal to make an order was erroneous. It was held that compelling evidence established both the existence of the dispute and its potential to disturb public peace. The court reaffirmed that in servitude (right of way) disputes, relief may be based on actual enjoyment rather than title. The appeal was dismissed, upholding the High Court’s correction of the Magistrate and affirming the