Justice still awaits residents of Colombo condo
On your assumption of duties, we look forward to a new era, where dispensation of justice will be quick and efficient not only from the courts of law which directly comes under your purview, but, also from other law enforcing authorities like the ColomboMunicipal Council, Urban Development Authority, Condominium Management Authority, Sri Lanka Ports Authority and the like. We have mentioned only few where the members of the public have frequent dealings. Our contention is that, if the law enforcing authorities do their duties without fear or favour, the need to seek remedies from the higher courts may be considerably reduced.
The need to write this letter arises from personal experience gathered over a period of 10 years, at the Condominium Management Authority inquiries, Appeal Courts, District Courts and the Supreme Court proceedings.
The matter under dispute is simple: Whether adequate parking slots have been provided in the ground floor as per law and the agreement with the Seagull Property Developers. If not, why not? Is it because, part of the ground floor reserved for this purpose is being leased out to KFC restaurant by the developer despite our protests?
We appeared in person at all these institutions. The need to seek legal remedy from the Supreme Court, by means of a Fundamental Rights Petition was necessitated due to undue delay in concluding the inquiry at the Condominium Management Authority (CMA).The Fundamental Rights Petition was filed in 2011, as the CMA failed to conclude the inquiry, even after six years and there were no signs of conclusion either This was a deliberate move by the CMA to frustrate the complainants and help the developer to carry on regardless, for obvious reasons.
The first hearing in the Supreme Court was in November 2011. As an apex court it should have taken stringent measures and warned the CMA to conclude the inquiry expeditiously. Unfortunately, this did not happen.
As laymen, appearing in persons, we are rather perplexed by the prevailing situation at the Supreme Court too. Already, we have faced over 10 sittings between 2011 and 2014.
What baffles us is, over 13/15 different judges, three at a time, constituted the bench to hear our case. In fact, we expressed our unhappiness over this issue, as we had to recall the previous proceedings to enlighten and clarify matters to the new judges and prevent the legal luminaries from misleading the new Judges.
We do not underestimate the capacity of the new judges to understand the facts. But the fact remains, that they are not “Super Natural beings”, to look back at the past and grasp the sequence of events quickly.
In fact on our request Supreme Court Justice Shirani Tillekawardene on 16/5/2013 agreed to constitute the same bench for the next hearing on 30/7/2013.
Unfortunately the same bench had not been constituted and the hearing was postponed for 31/10/2013 with the remark “Registrar to note that this bench has to be constituted as there has to be a finality to this matter on that date”.
On the subsequent hearing on 16/6/ 2014, Ms.Tilakawardene was not on the bench. We were made to understand that she had retired.
However Justice Saleem Marsoof who was the acting CJ made a definite order that the CMA should submit its findings on or before 16th December 2014. But Mr. Marsoof too retired from the bench before looking at the order given by the CMA. Unfortunately, the CMA inquiry findings were not given. Instead an order based on the Mt. Lavinia Magistrate’s Court order to the Colombo Municipal Council was submitted by General Manager CMA, who retired immediately thereafter. The Chairman of the CMA too had resigned.
You will no doubt agree that the courts have been established to assist the litigants rather than the legal luminaries to earn their living at the expense of the poor litigants.
The CMA is represented by the Attorney General’s Department in court. In that process the AG”S Department is called upon to defend even the obvious commissions and omissions and misdeeds of the department concerned.
The AG’s Department functions on taxpayers’ money, we believe, therefore it is not fair to safeguard state departments misdeeds, at the expense of the public.
Invariably the departments take shelter behind the AG’s Department and escape scot- free. This is a dangerous practice. We are of the opinion that the AG’s Department should ascertain the actual facts of the case before representing them and advise them if they are wrong.
It may be relevant to mention that I was 69 years young when the inquiry commenced 10 years ago and today I am 79 years old. During the 10-year period, 10 of the owners/occupiers passed away. Chief Justice Shirani Bandaranaike’s bench was virtually pulled under her seat while sitting Justice Sriskantharajah passed away, Mr. Pararajasekeram who was detailed to survey the disputed ground floor passed away, Justice Ms Tillekawardena and Justice Marsoof retired while hearing our petition. The civil war was won. Three presidential elections were held. In that process, you were appointed as Minister of Justice.
It is said that a new era has dawned and the judiciary plays a pivotal role. You are considered heroes. Hence, please ensure that justice is not only done but done without delay please. No more Nero’s please! Please grant us an opportunity to meet you.
K. Balendra
Seagull Court Management Corporation
Wellawatte.