Madapulliarachchige Oliver Gregory Earnest Fernando v. Municipal Council Moratuwa – CA WRIT APPLICATION NO.322/08-2011

In the case between Madapulliarachchige Oliver Gregory Earnest Fernando (Plaintiff) and the Municipal Council, Moratuwa, and the Urban Development Authority (Defendants/Respondents), the court considered whether Fr. Alex Ranasinghe Mawatha was a private road or vested in the Municipal Council, and examined the legality of municipal requirements for deposits and plan approvals regarding the plaintiff’s construction. It was held that the Municipal Council had failed to demonstrate vesting of the road and that prior demands for deposits were ultimately withdrawn in favor of lower service charges under a settlement. The court issued a Writ of Mandamus compelling approval of the plaintiff’s revised building plan on the condition that any section of the building within the defined limits would b