SC orders Mervyn to pay Rs. 400,000 for damaging house in Kiribathgoda

By S.S. Selvanayagam

The Supreme Court ordered former Deputy Minister of Highways and Road Development Mervyn Silva to pay Rs. 400,000 as compensation to an aggrieved petitioner for destroying a parapet wall and two toilets as well as a washroom of the petitioner in Kiribathgoda.

Justice Anil Gooneratne, with Justices Eva Wanasundera and K.T. Chitrasiri concurring with his judgment, observed that the law does not allow Silva to hurt citizens or interfere with their basic rights.

The Supreme Court also ordered the former Chief Inspector of Police of Kiribathgoda and the State to personally pay Rs. 50,000 and Rs. 100,000 respectively to the petitioner as compensation.

The court directed the Inspector General of Police to conduct investigations and ascertain whether any other person was responsible for the destruction of the petitioner’s property and in doing so whether instruments and machinery belonging to the State had been used and to take suitable action after having consulted the Attorney General.

Petitioner Asitha Nanayakkara Liyanage cited Chairman Prasanna Ranaweera, Secretary Hemapala Hettiarachchi of the Kelaniya Pradeshiya Sabha, Commissioner of Local Government (Gampaha), Kiribathgoda, the former Chief Inspector, Mervyn Silva and two others as well as the Attorney General as respondents.

Vishva Gunaratne with Sandeepani Wijesooriya appeared for the petitioner. D.M.G. Dissanayake with Ms L.M.C.D. Bandara appeared for Silva.

The petitioner’s complaint against the respondents cited harassment and abuse caused to him and his family, which ultimately resulted in the destruction of part of his house.