Raj Fernando vs Subramaniam Sathasiwam and another – CA PHC 0030/2020-2025

In the matter of Subramaniam Sathasiwam (Petitioner-Respondent) versus Pradeshiya Sabha Wattala (1st Respondent-Respondent) and Raj Fernando (2nd Respondent-Appellant), the court addressed the issue of an unauthorized parapet wall constructed on a road reservation. The High Court had ordered the demolition of this wall. The appeal contested the High Court’s order, alleging it was contrary to law, failed to apply legal principles, and did not consider objections or alternative remedies. Preliminary objections concerning the nature of the roadway and the necessity of the Urban Development Authority’s involvement were also raised. The court affirmed the High Court’s decision, holding that the construction was unauthorized and constituted a perpetual wrong, thereby justifying the writ of Manda