Nagahawatta Exporters and Importers v. Officer in Charge Police Station, Kottawa – CA PHC 132/2012-2012

In the case between Nalin Nagahawatta, Susantha Nagahawatta, Nagahawatta Exporters and Importers (petitioners) and the Officer in Charge, Police Station, Kottawa (respondent), the court addressed the legality of an order for the closure of the petitioners’ factory on the basis of alleged public nuisance. It was held that the closure order, sustained by the Magistrate’s Court and upheld by the High Court, was not justified where credible expert evidence established emissions within statutory limits and no actionable public nuisance. The decision reaffirmed the principle that mere procedural non-compliance or lack of an environmental licence does not itself justify sustained deprivation of lawful business operations. The ruling was based on the proper weight to be accorded to technical evide