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2025 Supreme(SRI)(CA) 275

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
S. U. B. Karalliyadde, J
B.P. Kulathilaka – Appellant
Versus
H.S.K.J. Bandara and Others – Respondent


Advocates:
Ruwantha Cooray, Joshua Moraes, Dimuthu Priyashantha instructed by Thushara Amarasiri for the Petitioner.
Dilantha Sampath, SC for the 1st, 6th and 7th Respondents.

S. U. B. Karalliyadde, J.

The Petitioner in the instant Application is a co-owner of the subject land to this Writ Application, and the other five co-owners are his siblings. The Petitioner states that his mother was a beneficiary of the Permit (P2(a)) issued under the Land Development Ordinance, No. 19 of 1935 (as amended) (the Ordinance) for a land in the extent of 1 Acres 1 Rood and 5 Perches and a Grant marked as P2(b) has been issued in the name of the Petitioner’s mother under Section 19(4) of the Ordinance. Owing to the two conditions stipulated in the Grant marked as P2(b), the land could not able to be divided equally among the Petitioner and his siblings and to remedy that situation, the Grant P2(b) was returned to the State and a new Grant bearing No. GR/21/025705 dated 08.02.2916 marked as P3 was issued in the name of the Petitioner’s mother for Lot 1651 of the Final Topo Plan No. 9 Inset No. 76 dated 15.09.1969 marked as P4 for the extent of 0.5934 Hectares. While the Petitioner and his siblings were in the process of dividing the said Lot 1651 among themselves, the notice dated 28.09.2016 marked as P5 was issued by the Divisional Secretary of Thamankaduwa (the 1st Resp

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