Gunesekera vs Manuel – clr volume 2 page 078

In the case between The Municipal Council and an occupant of the premises, the court addressed the issue of whether the term “alter” under section 209 of the Municipal Councils Ordinance 1887 permits a complete conversion of a cesspit privy into a dry earth closet, and whether resistance to municipal orders in this context constitutes obstruction of a public servant under section 183 of the Penal Code. It was held that “alter” signifies modification or variation, but not total substitution, thus a complete conversion did not fall within the statutory power. The acquittal of the defendant was affirmed, reiterating that no offence was committed where the directive exceeded statutory authority. This determination relied on the interpretation of statutory language, establishing the principle t