Mohomed Riyal Mohomed Rizan vs Chandrani Samarakone – CA WRIT/316/2016-2016

In the case between Mohomed Riyal Mohomed Rizan, Osborne Lanka (Private) Limited, Perpetual Investments Lanka (Private) Limited (Petitioners), and Chandrani Samarakone, Commissioner of Local Government – Western Province, Vithana Kuruppuarachchige Anura, Municipal Commissioner, Colombo Municipal Council, The Colombo Municipal Council (Respondents), the issue concerned the entitlement of the Petitioners to writs of Certiorari and Prohibition aimed at quashing or preventing the enforcement of a notice to quit dated 23.08.2016 regarding property at No. 43 Barnes Place, Colombo 7. The Petitioners argued that the Respondents’ actions were arbitrary and violated legitimate expectations, stemming from earlier Council correspondence and a 1985 resolution which proposed return of the property if ce