Inspector of Police vs Rathgamahewage Susantha Ajith – CA PHC 140/2017-2023

In the case between Melitus Charles Kulasekara (Appellant, 2nd Party Petitioner-Appellant) and Inspector of Police, Rathgamahewage Susantha Ajith, and Rathgamahewage Ariyasena (Respondents), the legal issues concerned the recognition of the appellant’s right to use a disputed roadway and the validity of invoking revisionary jurisdiction to challenge the Magistrate’s order denying this right. The sequence of proceedings involved a Magistrate’s finding against the appellant, a revision application to the High Court which was dismissed due to delay, and this subsequent appeal. It was held that revisionary powers under Article 154P (6) of the Constitution and Section 66 of the Primary Courts’ Procedure Act are discretionary, exceptional in scope, and not intended to address procedural delays e