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2025 Supreme(SRI)(CA) 337

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K.M.G.H. KULATUNGA, J
Musthafa Lebbe Rahuma Beevi – Appellant
Versus
Thanapalasuntharam Divisional Secretary Valachennai and eight others – Respondent


Advocates:
Nuwan Bopage with Dinusha Thiranagama for the Petitioner.
Dr. Peshan Gunaratne, SC for the Respondent.

JUDGEMENT

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

1. The petitioner filed this application seeking a writ of certiorari to quash the 1st respondent, Divisional Secretary’s decision and/or letter marked as X-7 to evict the petitioner; a writ of mandamus directing the respondents to hold an inquiry regarding the title of the petitioner; a writ of mandamus directing the respondents to withdraw the action bearing No. MISC/34726/2019; a writ of prohibition preventing the respondents from evicting the petitioner; and a declaration that the petitioner and her predecessors in title have been in occupation of the subject matter.

2. The 1st respondent Divisional Secretary instituted proceedings in the Magistrate’s Court of Valachchanai under the provisions of Section 5 of the State Lands (Recovery of Possession) Act No. 09 of 1979 to evict the petitioner from the land Lot 1 as described and depicted in plan No. PP/මඩ/2788. The petitioner claims that her father was a holder of a valid permit. However, the petitioner has failed to produce the same and her position is that during the civil war they were displaced and lost all their belongings including the permit. The relevant Divisional Secretariat was also destr

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