045-SLLR-SLLR-2005-V-2-SUKUMAL-vs-MUNICIPAL-COUNCIL-OF-COLOMBO.pdf

252
Sri Lanka Law Reports
.(2005) 2 Sri L R.
In any event he has failed to produce any letter of appointment giveneither by the Colombo Municipal Council or by the former Mayor, Mr.Rajapakse.
However, it will be seen that in terms of the provisions of the MunicipalCouncil Ordinance it is the Municipal Council, acting by itself or throughthe Commissioner, which can make appointments. The plaintiff has alsofailed to produce a written agreement entered into with the ColomboMunicipal Council relating to the Goonesinghepura Pulic Toilet. In thesecircumstances, it appears that the plaintiff does not possess any suchvalid document of appointment at all.
Admittedly, there is no agreement in writing between the plaintiff andthe 1st defendant for the maintenance of the Goonesinghepura PublicToilet belonging to the 1 st defendant. It is apparent on the material placedbefore Court that there has been no commitment on the part of the 1 st and2nd defendants to hand over the said Public Toilet to the plaintiff. Theplaintiff has failed to establish the existence of a written agreement forleasing the said Public toilet to him.
In these circumstances, I am of the opinion that the plaintiff has failedto establish a prima facie case in his favour. The Court will grant aninjunction only to support a legal right. The plaintiff first tried to show thathe was appointed by the former Mayor. Mr. Rajapakese but failed to produceany letter of appointment. Thereafter he tried to show that he was thesuccessful tenderer who was awarded the tender and on this ground he isentitled to be appointed as the caretaker of the said Public Toilet. But hefailed to establish that he was the successful tenderer who was awardedthe tender as the highest bidder by documentary evidence.
Accordingly, the plaintiff has failed to establish a prima facie case. It isonly when there is a prima facie case the court would consider where thebalance of convenience lie.
This Court therefore sees no reson to interfere with the order of thelearned Additional Additional District Judge dated 26. 03. 2003. Theapplication for leave to appeal is dismissed with costs fixed at Rs. 2,500/-
Amaratunge J. – / agree
Application dismissed.