While a vihara already exists in the Navatkuli Sinhalese settlement, monks began laying foundations for a new large scale stupa, costing around 1 crore rupees, in the area last month.
The order was ignored by the vihara, with monks continuing construction.
The Chavakachcheri court judge, Srinithi Nanthasekaram, issued a summons for the head monk of the Navatkuli vihara to appear before the court on 20th June.
The Northern Provincial Council also passed a resolution last month declaring the stupa to be illegal and demanding construction be halted.