The dispute involves the misuse of public position by a sitting High Court Judge, preventing right of passage to the property owner and the public on a road where the UDA and SLRDC have acquired the servitudal rights and the soil right retained by the land owner. A portion of the Pepiliyana property subdivided, is 40m approximately, down the road from High Court Judge’s residence. The subdivision of this portion of that property took place in 2009. At this time this access road was the only way in to the property. In 2015/16 the property was divided by a canal known as the Werasganga Project and two gravel roads were constructed on either side of the canal by the SLRDC, after a survey was conducted by the Survey Generals Department. Prior to this in 2013 the upper section of the access road, where the High Court Judge’s residence is located was acquired by the Western Province Government.
The rest of the access road was acquired in 2019. The High Court Judge together with some residents of the subdivision filed a FR petition in the Supreme Court (Case No: SC FR 372/2017) to prevent this acquisition. The Supreme Court denied leave to proceed and dismissed the case.
The High Court Judge together with a handful of neighbours illegally obstructed a public roadway denying access to the property owner and public at the end of the roadway, by building a gate and a permanent wall. The High Court Judge used his position to unlawfully get the support of the then OIC Boralesgamuwa and also, presumably, his personal security detail in installing these obstructions.
The UDA and SLRDC acquired the servitudal rights of the access road due to the complications encountered by their heavy vehicles used on the canal project and ongoing maintenance of the canal.
It is pertinent to note that the High Court Judge’s residence is outside the positions of the permanent wall and gate. Thus it is clear that his sole intention was to use the residents of the subdivisions to obstruct and prevent the use of this public tarred roadway thus creating an inconvenience to the users by forcing them through the longer and narrow gravel roads, fit only for high heavy vehicles.
The High Court Judge continued to use his influence with the Boralesgamuwa Police, Boralasgamuwa Municipality, SLRDC, Ministry of Megapolis and Ministry of lands to terrorize the land owner and the public. He also used his position to get the support of Police to carry out his illegal instructions. The Police ensured the construction of these illegal obstructions while the High Court Judge sat in his official car supervising.
When technicians / workers of LECO were installing a new electricity connection for the land owner, the High Court Judge personally came to the site and verbally abused them threatening them with Police action saying he was a High Court Judge and prevented the completion of the installation which remains incomplete to date. This instance is available on video.
When the Boralesgamuwa Police and DIG Mirihana did not take action against this illegal activity, to date, the land owner proceeded to the Municipality where the mayor and officials inspected the site and issued notice for the removal of these obstructions within 14 days. This order for the removal of the obstructions has been ignored to date. The UDA too has issued notice to the Municipality on the illegality of these obstructions and to remove the gate and wall immediately.
The illegal activities conducted by the High Court Judge and his group of residents has been reported to His Lordship, The Chief Justice, Secretary and members of the Judicial Service Commission.
This behavior by a sitting High Court Judge is an insult to the Judiciary and a subversion of the rule of law in Sri Lanka. Further, this is most unbecoming of a Judge and Public Official who bears the responsibility of upholding the Law of the Country and above all should be a role model for all Public Officials.
