Mallika Wanigasekera & others vs Municipal Council of Dehiwala-Mount Lavinia – CA WRIT 505/2023-2025

In the case of Mallika Wanigasekera, Hemawathi Kannangara, and L. Lalitha Ranjani Fernando (Petitioners) v. Municipal Council of Dehiwala-Mount Lavinia, Municipal Commissioner, and W. Ashoka Janet Silva (Respondents), the core legal issue concerned whether the Court of Appeal could compel the enforcement of a demolition order issued by the Magistrate under section 28A(3) of the Urban Development Authority (UDA) Law. It was held that such enforcement fell exclusively within the Magistrate’s jurisdiction, and not within the purview of this Court through a writ of mandamus or certiorari. The principle reaffirmed was the exclusivity of statutory remedial powers assigned to Magistrates under sections 28A and 28D of the UDA Law. The decision strengthened the doctrine that laches—unreasonable del