Sri Lanka’s Court of Appeal steps into a heated Trincomalee temple dispute, directing that all construction must strictly follow the approved plan while granting time for compliance.
Appeal Court ruling on controversial Trincomalee temple
The Court of Appeal today February 20 ruled that the dispute over the alleged unauthorized construction of the Sri Sambuddha Jayanthi Bodhiraja Viharaya in Trincomalee must be resolved strictly in accordance with the temple’s approved building plan. The ruling comes after heightened public debate surrounding the construction and enforcement action by the Coastal Conservation Department.
The court made these observations while hearing a writ petition filed by the temple’s incumbent, Venerable Kalyanawansa Tissa Thero. The petition sought an injunction to prevent the implementation of an order issued by the Coastal Conservation Department directing the demolition of part of the temple structure.
The matter was taken up before a bench comprising Justices Dhammika Ganepola and Aditya Patabendi. President’s Counsel Susantha Balapatabendi, appearing for the petitioner, informed the court that the incumbent had agreed to modify the disputed construction in line with the approved architectural plan. He further stated that the respondents had agreed to withdraw the demolition order issued prior to the previous hearing.
However, counsel explained that the completion of the corrective work had been delayed as the petitioner had been remanded in connection with another case linked to the same incident. He requested additional time to implement the agreed modifications.
Deputy Solicitor General Manohara Jayasinghe, appearing for the respondents, raised no objections to the request. President’s Counsel Balapatabendi also presented evidence indicating that certain officials had suggested changes to the temple’s location.
The bench clarified that any alterations to the structure must strictly adhere to the approved plan for the temple. Emphasizing regulatory compliance and lawful construction practices, the judges granted the petitioner until April 28 to complete the necessary work.
The court further directed that the parties report back on the progress of the construction adjustments on the specified date, ensuring continued judicial oversight in this sensitive coastal conservation and religious site dispute.
