P.M. Mahindapala v. Municipal Council of Anuradhapura et al. – CA PHC 218/2005-2016

In the case between P.M. Mahindapala and the Municipal Council, Anuradhapura (including the Mayor and council member H.L.K. Caldera), the court addressed whether the notice issued for the removal or demolition of the Appellant’s building, under the Urban Development Authority Act No. 41 of 1978 (as amended), constituted an excess or abuse of legal power justifying a writ of certiorari, and whether the High Court erred in dismissing the Appellant’s application. It was held that no illegality or procedural irregularity was present in the issuance of the notice, and thus the Respondents acted within their statutory authority. The appellate court reaffirmed that the writ of certiorari is discretionary, not a right, emphasizing established legal principles that such remedies are conditioned upo