Somapala Fernando v. S.C. Fernando – sllr 2002 volume 3 page 388

In the case between Somapala Fernando (Plaintiff) and S. C. Fernando (Defendant), the court addressed whether the operation of a brick kiln near the respondent’s residence constituted a public nuisance under section 98(1)(b) of the Code of Criminal Procedure Act. It was determined that the evidence did not establish the existence of a public nuisance, but rather at most demonstrated a private nuisance affecting only neighboring residents. The judgment emphasized distinctions between public and private nuisance, underscoring the requirement for demonstrable community injury to satisfy the statutory threshold. The findings relied upon proper evaluation of admissible evidence and reinforced that licensing or permit issues were not determinative of the nuisance claim. This decision reaffirmed