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Turning circle case: Ex-IGP’s widow loses appeal
View(s):An action instituted over 28 years ago, and after several trials over a turning circle down a by-road in residential Colombo has brought interim relief to the petitioner, the country’s first lady President’s Counsel, Ms. Maureen Seneviratne. Ms. Seneviratne P.C. initiated the action against Mrs. Sita Rajasingham, wife of former Inspector General of Police Rudra Rajasingham in 1985 against the unlawful construction of a part of a building on a road reservation which was intended to be a turning circle over which the petitioner has a right to use to obtain access to the public highway. As a result of the illegal construction, Ms. Seneviratne was deprived of using that portion of the road for over 20 years.
There had been several trials in the District Court of Colombo as a result of the Supreme Court setting aside orders from the trial court and sending it back for re-trial. After the demise of Rudra Rajasingham, Ms. Seneviratne P.C. moved the District Court of Colombo whereby she sought to withdraw the original action initiated against Mrs. Rajasingham and to initiate a fresh action. The application was allowed by the District Judge by an order given on 10 May, 2005 over-ruling the objections of Mrs. Rajasingham.
Mrs. Rajasingham who was made party to the fresh action filed answer and participated in the fresh trial which is presently pending before the DC Colombo. However she lodged an appeal in the High Court of the Western Province to have the Order of the DC permitting Ms. Seneviratne P.C. to withdraw the original action and file fresh action.
When the appeal came up, it was submitted on behalf of Ms.Seneviratne that she had filed fresh action whereby she sought a declaration of title to the road reservation on a new deed as well as an order for demolition of the illegal structures put up by Mrs. Rajasingham based on a commission taken out in the District Court whereby Anil Peiris, Licensed Surveyor tendered plans and a report which showed encroachment by Mrs. Rajasingham.The High Court of Appeal comprising Justice H.C.J. Madawela and Justice L.T.B. Dehideniya dismissed the appeal of Mrs.Rajasingham by order dated June 10, 2013 and affirmed the order of the District Judge, Colombo permitting the application of Ms. Seneviratne to withdraw the original action and proceed with the new action.
Mr Romesh de Silva PC with Mrs Saumya Amarasekera and Mr Eraj de Silva instructed by G.G. Arulpragasam, Attorneys-at-Law appeared for Ms. Maureen Seneviratne.
Mr M.U.M Ali Sabry PC with Mr. R. Dissanayake instructed by Ms. F.J & De Saram, Attorneys-at-Law appeared for Ms. Sita Rajasingham
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