Ahangama Withanage Jayatissa v. The Officer In Charge, Police Station, Galle – CA PHC APN: 20/2015-2015

In the case between The Officer in Charge, Police Station, Galle, and Ahangama Withanage Jayatissa, the court addressed the validity of Magistrate’s and High Court orders relating to purported public nuisance caused by the operation of a metal quarry. It was determined that the procedures resulting in the Magistrate’s “absolute” order of closure and accompanying removal directive were flawed, particularly due to errors in process and violation of natural justice, as the petitioner was denied a hearing before the High Court. Reliance was placed on Sections 98, 101, 104, and 106 of the Code of Criminal Procedure Act No. 15 of 1979, with both parties ultimately conceding that the lower court orders should be set aside. The holding reaffirmed the principle that procedural fairness and natural