Wickramage Don Subadra vs. Kotikawatte Mulleriyawa Pradeshiya Sabhawa – SC/FR/247/2016-2024

In the case between Wickramage Don Subadra (Petitioner) and Kotikawatte Mulleriyawa Pradeshiya Sabhawa and others (Respondents), the court addressed allegations concerning the violation of the petitioner’s fundamental right under Article 12(1) of the Constitution, arising from the demolition of a boundary wall. The court held that the petitioner’s application should be dismissed, emphasizing the principle that parties invoking equitable jurisdiction must approach with “clean hands” and make full and frank disclosure of all material facts (uberrima fides). This decision relied on established domestic and Indian case law regarding suppression of material facts and equitable relief, underscoring that failure to disclose or misrepresentation precludes the grant of equitable remedies and justif