ISSN: 1391 - 0531
Sunday, February 04, 2007
Vol. 41 - No 36
Kandy Times

CPC Hotel School calls for applications

By L.B. Senaratne

The Hotel School run by the Central Provincial Council is now in the process of receiving applications from students expecting to undergo training this year.

The school located in Matale can accommodate 120 students at a time and is equipped with sophisticated equipment for training purposes.

During the past few years the school has been able to place 63 trainees in five star and other hotels for their industrial training. After their training period they would be issued certificates for a vocation in the Hotel Trade, in which they have specialized.

The Tourism Department Directress Ms. Padma Jayasekera told The Kandy Times that even without the formal Industrial training, six students had gained employment abroad.

Car Park plaintiffs allowed submissions

The Kandy District Judge Bandula Nissanka Karunaratne allowed the respondents and plaintiffs in the Kandy Municipal Car Park judicial proceedings to submit written submissions with regard to an ex-parte judgment application submitted to Court by plaintiffs Kandy Property Development and Finance Company limited.

In this case Kandy Property Development and Finance Company limited had filed papers in the District Court in November last year that the Kandy Municipal Council had not complied to seek from Court a date to file answers though on a date they had sought to file objections in regard to the enjoining order.

In the meantime, the order on the enjoining order has been fixed for March 9. The plaintiff has sought from Court that the decision by the Kandy Municipal Council on 28th September 2006 be made null and void on the grounds that the Council has no legal right to effect the decision of September 28, 2006.

The Plaint sets out that under Section 34 of the Agreement with the Kandy Municipal Council, any controversial subject matter be directed to an Arbitrator.

The Plaintiffs further state that until the decision of the Arbitrator is filed the respondents be barred from taking any action. Attorney-at-Law Lionel Ekanayake appearing for the respondents submitted to Court that no notices had been served on them on the application made by the plaintiffs fro an ex-parte judgment.

Attorney-at-Law Sarath Perera who appeared for the Plaintiff Company submitted to Court that the Respondents were barred from seeking a date for the objections under the Civil Procedure Code Section 84.

The Judge in his order directed the pliantiff and defendents to file submissions after which an order would be made on the application.

Senior Attorney-at-Law Lionel Ekanayake, Romesh Karalliyadde and Smantha Ratwatta appeared for the Respondents. Atorneys-at-Law Sarath Perera with Zavahir and Ajith Dharemapera appeared for the Plaintiffs.

Suspects allowed bail in sand mining permit case

Kandy Chief Magistrate Harsha Setunge ordered bail on the first suspect Mohammed Rizmi, an Engineer-Regional Manger of the Geological Survey and Sand Mining Bureau of Pallekelle.

The suspect and two others, one a Data Processing Officer were taken into custody following an alleged fraud in issuing sand permits.

The suspects were on remand and on submissions made by Senior Counsel Wijaya Wickramaratne PC, before the Chief Magistrate and on submitting a Medical Certificate by a Medical Officer in charge of the suspect in Ward 40 of the Teaching Hospital; the Chief Magistrate ordered bail in Rupees 5000 cash and Rs. 100,000 in surety bail.

Senior Counsel Wijaya Wickramarante submitted to Court that the suspect was undergoing psychiatric treatment and that he be granted bail. The Chief Magistrate allowed bail.

The Suspect was defended by Senior Counsel Wijaya Wickramaratne PC with Attorney Ms. Dhammika Ariyadasa. The prosecution was represented by Chief Inspector Alwis of the Special Crimes Investigation Bureau.

Court dismisses High School case

The Kandy District Judge dismissed the application, with costs, where two members of the staff of Kandy Girls' High School and another parent had instituted action that the Annual General Meeting was not properly held and that the accounts of the School Development Society were irregular.The Judge in his order said that the Plaintiff's had not compiled with section 16 of the Civil Procedure Code wherein that notice should be given to the relevant parties. He held the submissions made by the defendants that it should have been done and that the plaint was not in order in this respect and therefore there was no cause for action.

The Judge on an earlier date ordered that if any of the parties present wished to submit written submissions, they should do so before the October 20 by a motion. Subsequently this was done by both the Plaintiffs and the defendants.

At the initial stages the Judge asked the first Plaintiff before adjournment of the case, whether he was satisfied with the audited statements. The first Plaintiff answered in the negative. Then the case was taken up for submissions on the objections raised by the defendants.

District Judge Bandula Nissanka Karunaratne subsequently ordered that the Defendants file the School's Development Society Accounts audited by a Chartered Accountant within sixty days from the date of order.

On the last date of the case, the accounts were submitted by a motion, where the seal of the account was annexed. The Plaintiffs objected and required a report of the audited statement. The Judge ordered that they produce a report from the auditors.The defence lawyers took up the postion that section 16 of the Civil Procedure Code has not been complied and that therefore the case should be dismissed. Defence Counsel Harilal Wickramaratne submitted to Court that there was a serious error in filing the case in that the Plaintiffs had not satisfied court by adhering to the provisions of Section 16, and sought court to dismiss the plaint. He said that by filing this case the Plaintiffs were seeking to bring discredit to the first defendant Principal. In this case W.Y.M.W.A. Jayawardene tutor of the school and a member of the SDC, Jayantha. Wickramasoorya a parent and member of the SDS and a tutor Seevali Ariya Kulasinghe of the school and a member of the SDS had filed a plaint before the Kandy District Court citing as respondents, the Principal of the School Mrs. H.M. Wataliyadde, a tutor and the Treasurer of the SDS Mrs. J.M. Abeykoon, Ms. J.A.B. Abenaiyake a tutor and also the General Secretary of the SDS and S.B. Dammunupola a member of the SDS and also the Assistant Secretary by the virtue of the fact that his daughter is a student of the school.
The Plaintiffs and Respondents were present in Court when the order was delivered.

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