M.B. Lal Kumara vs. S. Padmasekaran – CA PHC 146/2010-2010

In the case between M.B. Lal Kumara, Public Health Inspector, Colombo Municipal Council (Plaintiff) and S. Padmasekaran (Defendant), the court addressed whether an action under Section 2(1) of the Nuisance Ordinance for maintaining a dilapidated car and building refuse on a public road was time-barred by Section 19 of the same Ordinance. It was held that the alleged nuisance constituted a continuing offence, rendering the three-month limitation period inapplicable. This reaffirmed the principle that when a nuisance persists over time, each day represents a fresh offence for the purposes of prosecution. The decision was grounded in statutory interpretation and relevant judicial precedent, underscoring that ongoing nuisances are not shielded by statutory limitation periods.

W.M.M. Malinie G