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2025 Supreme(SRI)(CA) 372

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K. M. G. H. KULATUNGA, J
M. I. M. Safiyulla. – Appellant
Versus
Divisional Secretary Ridigama. – Respondent


Advocates:
Lakshman Perera, PC, with Thishya Weragoda, Anusha N. Fernando and Tharika Jinadasa, instructed by Niluka Dissanayake, for the Petitioner. Prabhashanee Jayasekera, SC, for the Respondents.

JUDGEMENT

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

1. The petitioner, by this application, is seeking to quash letter A-11 dated 21.05.2020, issued by the respondent Divisional Secretary of Ridigama. According to A-11, the petitioner is informed that a particular land on which an ancient ambalama was situated had been surveyed by the surveyor of the Department of Land Commissioner, and the petitioner is said to be in unauthorised occupation of the same. Accordingly, the petitioner has been informed to vacate the said identified and demarcated land situated at Ilukpitiya Junction, Maspotha, within 7 days. The petitioner’s main ground urged is that the said plot of land inter alia was also a fact in issue in the District Court of Kurunegala Case No. 3642/L, and the predecessor of the petitioner obtained a declaration of title in his favour on the basis of prescriptive possession, and the respondent is estopped from reagitating the same.

2. The said District Court action was in respect of Lot No. 2 of Plan No. 2483A made by Gunasoma Ratnayake, Licenced Surveyor. The petitioner does claim that the said land also included the ambalama at the Ilukpitiya Junction. The said District Court action had been in

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