JUDGEMENT

K.M.G.H. KULATUNGA, J.

Facts.

1. The petitioner is a son of the original grantee, Rajapakshe Mohottige Emis Appuhamy, of the grant bearing No. ප ො/ප්‍ර/4386, dated 28.01.1983, issued under Section 19 (4) of the Land Development Ordinance No. 19 of 1935 (hereinafter referred to as “LDO”). The said grant was registered on 24.06.1986. A copy of the said grant is annexed to this application marked P-1. This is in respect of 3 acres of high land.

2. The said Appuhamy died on 21.07.1986. Thereafter, the petitioner made an application to the Divisional Secretary to nominate him as the successor, as he was the eldest son. Upon considering this request, the 2nd respondent Divisional Secretary nominated the petitioner as the successor by his letter dated 23.01.2002 (vide P-3). Correspondingly, the petitioner was also named and registered as the owner of the said land (vide P-4). However, subsequently, the petitioner has found out that the registration of his succession had been cancelled and the 5th respondent, his brother, had been named as the permit holder of this land (vide para 2 of P-4). On inquiry, the 2nd respondent has, by letter dated 04.10.2004, confirmed the cancellation (v