Dissanayake Mudiyanselage Udaya Ranjith vs S.A. Rajalingam – CA PHC NO:141/2010-2015

In the case between Dissanayake Mudiyanselage Udaya Ranjith (representing the Municipal Engineering Department, Colombo Municipal Council) as Applicant–Petitioner–Appellant and S.A. Rajalingam as Respondent–Respondent, the court addressed whether the Magistrate and the High Court erred in dismissing an application concerning unauthorized construction, specifically on the basis of insufficiently framed charges under Section 28(1) of the Urban Development Authority Act No. 41 of 1978 (as amended). The court held that the dismissal of the application constituted an error in law, determining that the charges alleged fell within the scope and intent of Section 28(1) and that the summary procedures provided were sufficiently observed. It was emphasized that a proper inquiry was required before a