Officer in Charge, Police Station Ragama vs K. J. Tyrone Silva – CA PHC 43/2018-2023

In the case between Karunayake Jude Tyron Silva (1st Party–Respondent/Petitioner/Appellant) and Hettihewage Viswajith Manjula De Silva (2nd Party–Respondent/Respondent), the court addressed whether the alleged unauthorized widening of an access road by the 2nd Party constituted a judicially actionable encroachment, and whether the lower courts’ decisions warranted interference on revisionary grounds. The appellate court determined that, based on the evidence—including police investigations and witness testimony—the expansion of the roadway did not amount to unlawful encroachment, and the original findings by the Magistrate under Sections 69(1) and 69(2) of the Primary Courts’ Procedure Act were correct. It was established that no miscarriage of justice occurred, thereby reaffirming the pri