Kotte Mayor alleged to have sold off Municipal property

By T. Farook Thajudeen

A UPFA member of the Kotte Municipal Council yesterday filed a complaint before the Colombo Chief Magistrate Court against the Mayor of Kotte Municipal Council, alleging that he had transferred a property belonging to the Kotte Municipality in the name of the Mayor.

The petitioner, Prasanna Ravindra Lal, a sitting UPFA member of the Kotte Municipal Council accused the Mayor of Kotte, Janaka Ranawaka of No. 121/25 Sapumal Place, Welikada, and Gardeeya Arachchige Jochiem of No. 27/5, Rosmead Place, Colombo 7, for allegedly getting crown land at 3rd Lane, Koswatte, Nawala, which is 38.5 perches in extent and worth over Rs. 40 million, transferred in the name of the Mayor Janaka Ranawaka during the period 1 October 2011 to 30 September 2012  fraudulently, by committing criminal breach of trust which is punishable under Section 392 of the Penal Code.

The petitioner also alleged that the first suspect, Janaka Ranawaka, while being the Mayor of the Kotte Municipal Council and being a public servant, kept Municipal property for his own benefit, conniving with second suspect Gardeeya Arachchige Jochem and had committed an offence of retaining stolen property punishable under Sections 32 and 394 of the Penal Code.

The mayor was also alleged to have abused his office as the Mayor of the Kotte Municipality, fraudulently disposing articles worth over Rs. 600,000 that were in the concerned property and were utilised by children who came to the children’s park, which is punishable under Section 12 of the Public Property Act.

During the Magisterial inquiry, the petitioner gave evidence and said that the petitioner is a UPFA member of the Kotte Municipality for over 10 years. He said the Deputy Mayor Madura Vithanage had received several complaints from the residence in the area over the transfer of the crown land and the illegal sale of articles that were on the property and were to be utilised for the children’s park. He also said that the property was given by a private company to the Municipality in order to develop common amenities in the area and that the deed was executed in respect of two lots by Notary Public  Liyanagamage.

He said thereafter, the Municipality built a children’s park on the property. The project was funded by the Municipality for the use of the residents. He also said that the children’s park was maintained by the Municipality.

Witness Lal said there was an adjacent land approximately 54 perches in extent .It was given to a squatter named B. Ruwan by the Mayor. Thereafter, on the instructions of the Mayor, an assessment number was allocated to the squatter’s house.

The witness said by that time, the allocation of assessment numbers to squatters’ houses had been terminated by the municipality. However, due to the influence and force of the Mayor, the assessment number was allocated to the squatter which enabled him to obtain water and power supply.

After some time, a letter sent by Gunawardena and Ranasinghe Associates written on behalf of Gardeeya Arachcige Jochem had asked the Commissioner of the Municipality to eject B. Ruwan from the property as he is was squatter.

The Municipality, acting on that letter, got a motion passed to eject squatter Ruwan. However, the Municipality instead of ejecting Ruwan, took away the children’s park from the place and fenced it around it and placed private security guards to look after the property. When the witnessed inquired after this from the security guards, he was told that they were assigned to look after the place by the Mayor and that the bill was paid by the Mayor.

Lal also said that even though the Mayor attempted to eject Ruwan from the property, Ruwan did not leave. Thereafter, Ruwan was given Rs. 850,000 by the Mayor in the form of a cheque. He also said that Ruwan told the witness that the Mayor had told Ruwan that since the Defense Ministry was initiating steps to throw out squatters from crown lands, to take that money and leave the property.

He said the Mayor had utilised the service of the labourers of the municipality to build the fence around the children’s park and while the Deputy Mayor had complained about this illegal dealing of the Mayor to the Welikada Police, they did not take any action. The petitioner pleaded to issue summons on the suspect to appear before court to face the charges.

 Additional Magistrate Sandun Vithana issued summons on the suspects to appear before court on 8 January. Counsel Nissanka Nanyakkara with Shabdika Wellapuli, Manjula Nimesh Gunasekera, Thushara Walawa, Sanjeewa Senaviratna and Lilan Amarakoon appeared for the petitioner.