The Colombo Fort Magistrate yesterday turned down a petition filed by a resident of Kollupitiya requesting to remove an election monitoring centre at Pedris Road, Colombo 3. The petitioner M. A. Don Rupananda had cited D. Manjula Liyanarachchi of Nugegoda, D. M. Dissanayake of Nugegoda and S. R. Thurairatnam as respondents. The petitioner had lodged a complaint with the Kollupitiya police alleging that an election monitoring centre, next to his house was creating a public annoyance at Pedris Road, Colombo 3.
The petitioner had complained that he was facing so many difficulties due to the election monitoring centre which is operated by a Non Government Organization (NGO). The petitioner had complained that he and his family could not have a sound sleep due to the assembling of a large number of people including Sinhalese, Tamils and foreigners.
The Magistrate observed that there was no provision in the Criminal Procedure Code which gave the jurisdiction to a Magistrate to entertain a prayer for relief against a private nuisance. The Magistrate also observed that this would not definitely create a public nuisance and court would not issue notice on respondents since it did not having sufficient facts.