Kehelpannala Ralalage Upali Mahinda and others vs Korale Gedara Upali Kumara Abeyrathne – CA PHC 148/2018-2025

The case involved an appeal by Korale Gedara Upali Kumara Abeyrathne against orders concerning the obstruction of a roadway. The Respondent had sought relief under Section 66(1)(b) of the PCPA due to obstruction. The Magistrate granted relief, and the High Court dismissed an initial appeal. The Court of Appeal considered grounds including jurisdictional error, absence of a proper prayer, lack of locus standi, and failure to consider evidence. The appeal was dismissed with costs.

Damith Thotawatte, J. – It was determined that the Magistrate’s jurisdiction under Section 66(1)(b) of the PCPA is not ousted by police inaction and that the court is automatically vested with jurisdiction upon information filing. Previous cases were cited to establish that a ‘breach of the peace’ can encompass