Chinese restaurant continues operations against Court orders

The number of Chinese restaurants within the Colombo City limits has seen a sudden surge in the recent past.  

A case filed by an aggrieved neighbour against an unauthorised Chinese restaurant by the name of ‘Chun Yue Hui’ on Flower Road was taken up in the District Court Colombo Thursday (21). The Plaintiffs allege that the unauthorised and illegal Chinese restaurant set up in contravention of the UDA law and Regulations is now in operation within the Special Primary Residential Zone under the City of Colombo Development Plan. 

We have learned that the Court has issued two enjoining orders on 19 January against the Defendants, namely Dedigama Property Developers Ltd., Dr. Ranjan Dedigama who are the owners of the property in which the said unauthorised Chinese restaurant is set up and also against Chen Yen, a Chinese national in charge of and managing the restaurant.

The Plaintiffs plead that the Defendants have renovated and converted a residential property into a Chinese restaurant without obtaining the necessary approvals from the UDA and further state that the construction/renovation of the restaurant and the operations of the same in a Special Primary Residential Zone is causing a nuisance to the Plaintiffs.  

The Plaintiffs state that despite the two enjoining orders issued by the District Court of Colombo on 19 January preventing the Defendants from converting their property into a commercial establishment and further preventing them from using the said property for the operations of a restaurant, the Defendants have acted and continue to act high handedly, flouting the law and the orders of Court.

Due to the violation of the enjoining orders issued by Court, the Plaintiffs instituted Contempt of Court proceedings against Chen Yen, and the contempt inquiry was taken up in Court Thursday (21). 

Counsel for the Plaintiffs, Avindra Rodrigo drew Court’s attention to the manner in which the Defendants have continuously violated the enjoining orders issued by Court further pointing out the gravity of the contempt of court charges against the accused.

Whilst Counsel for the Defendants Harigupta Rohanadeera sought to rely on a Trade Licence issued by the CMC to justify the operations of the Chinese Restaurant Counsel for the Plaintiffs countered this position stating that the Trade Licence is not an approval or an authorisation given to traders to carry on a trade. Counsel for the Plaintiffs relied on a letter issued by the CMC confirming the same.  

Court adjourned the inquiry in relation to the contempt proceedings against Chen Yen. 

Counsel Avindra Rodrigo with Rozali Fernando instructed by F J & G de Saram appear for the Plaintiffs and Harigupta Rohanadeera instructed by Sunanda Randeniya appears for the Defendants.