Geekiyanage Viyantha Vijithweera vs Urban Development Authority et al. – CA WRIT/365/2018-2023
In the case between Geekiyanage Viyantha Vijithweera (petitioner) and the Urban Development Authority with other public officials (respondents), the court addressed whether the construction of a Kovil (temple) on state land adjacent to the petitioner’s property constituted unlawful development and whether writs of Certiorari and Mandamus were appropriate remedies. It was determined that the issuance of a valid development permit for the construction rendered remedial measures under the Urban Development Law, particularly S28(A), inapplicable. The holding reaffirmed the principle that once a development has been regularized through the grant of a building permit, challenges to its legality should be pursued via a challenge of the permit and not through writ jurisdiction. The decision relied

