Issuing Interim Injunction preventing collection of Assessment taxes:
Galle Additional District Judge G. P. S. Ranasinghe issued notice on Galle Municipal Commissioner to appear before Courts on August 2 to raise any objections against issuing an Interim Injunction preventing him from collecting Assessment taxes from the people of Galle Municipality.
The Additional District Judge issued this notice in consideration of a petition submitted by a resident of Galle pleading the Court an Interim Injunction subsequent to an Enjoining Order stopping Galle Municipal Commissioner from collecting taxes from Galle citizens claiming that the commissioner had no authority to control functions of the Municipal Council which does not consist of a duly elected Mayor, Deputy Mayor and or councillors.
The petitioner further submitted that the Municipal Council should comprise the Mayor, Deputy Mayor and councillors as per Clause 5 of Municipal Ordinance and authority in operating all functions of the council was directly vested upon the elected people’s representatives and such authority is not entrusted or delegated upon any other official.
The supplicant also stated that the Galle Municipal Council was formed following the Local Government election held on October 30, 2011 and official ruling term was ended by October 30, 2015, and subsequently extended by another six months.
However, as per provisions of Municipal Council Ordinance, the new term of the Galle Municipal Council should have commenced by May 30, 2016 following respective Local Government elections which had not been held up to date.
The petitioner Gardiyawasam Pussawelage Piyasena of Maitipe, Galle submitting his application through his lawyers Priyantha Senavirathne and Nishantha Hiriburegama, Attorneys-at-Law assisted by lawyer Mudditha P. Liyanage pleaded an Interim Order subsequent to an Enjoining Order against Galle Municipal Commissioner Ranil Wickramsekara preventing him from collecting taxes from Galle Municipal public as he was allegedly not empowered to execute such functions of the Municipal Council.
Galle Additional Magistrate who did not grant the pleadings of the petition noticed the Galle Municipal Commissioner to be present on the above date for his counter submissions.
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