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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writs of Certiorari, Prohibition and Mandamus under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
1. H. J. A. W. International (Pvt) Ltd, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
2. Lanka Realty Investments Plc, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
3. Dutch Bay Holdings (Pvt) Ltd, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
CA (Writ) App. No. 127/2024 PETITIONERS Vs.
1. Hon. Nalaka Jude Harin Fernando, Minister of Tourism and Land, Ministry of Tourism and Lands, ‘Mihikatha Medura’, No. 1200/6, Rajamalwatta Lane, Battarmulla.
1A.Hon. K. D. Lal Kantha M.P.
1Minister of Agriculture, Livestock, Land and Irrigation, No. 80/5, “Govijana Mandiraya”, Rajamalwatta Lane, Battarmulla.
22. T. Akilan, Divisional Secretary, Divisional Secretariate, Poonakari, Kilinochchi.
33. K. H. D. K. Samarakoon, The Secretary, State Ministry of Solar, Wind and Hydro Power Generation Projects Development, No. 437, Galle Road, Colombo 03.
3A.Prof. K. T. M. Udayanga Hemapala, Ministry of Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
4. M. P. D. U. K. Mapa Pathirana, Secretary to the Ministry of Power and Energy, No. 437, Galle Road, Colombo 03.
4A.Prof. K. T. M. Udayanga Hemapala Ministry of Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
5. K. L. R. C. Wijayasinghe, Inquiry Officer, Ministry of Power and Energy, No. 437, Galle Road, Colombo 03.
6. Sri Lanka Sustainable Energy Authority, No. 72, Ananda Coomaraswamy Mawatha, Colombo 07.
7. V. Mythereye, Government Surveyor, Divisional Survey Office, Poonakari.
8. A. Atheethan, Government Surveyor, Divisional Survey Office, Poonakari.
RESPONDENTS Before: S. U. B. Karalliyadde, J Dr. D. F. H. Gunawardhana, J.
Counsel:
Navin Marapana, P.C. with Kaushalya Molligoda and Ruwantha Cooray instructed S.
Nilakandan for the Petitioner.
Manoharan Jayasinghe, Deputy Solicitor General, for the Respondents.
Argued on: 02.09.2025 Delivered on: 14.10.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writs of Certiorari, Prohibition and Mandamus under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
1. H. J. A. W. International (Pvt) Ltd, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
2. Lanka Realty Investments Plc, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
3. Dutch Bay Holdings (Pvt) Ltd, HQ Colombo, 1st Floor, 464A, T. B. Jaya Mawatha, Colombo 10.
CA (Writ) App. No. 127/2024 PETITIONERS Vs.
1. Hon. Nalaka Jude Harin Fernando, Minister of Tourism and Land, Ministry of Tourism and Lands, ‘Mihikatha Medura’, No. 1200/6, Rajamalwatta Lane, Battarmulla.
1A.Hon. K. D. Lal Kantha M.P.
1Minister of Agriculture, Livestock, Land and Irrigation, No. 80/5, “Govijana Mandiraya”, Rajamalwatta Lane, Battarmulla.
22. T. Akilan, Divisional Secretary, Divisional Secretariate, Poonakari, Kilinochchi.
33. K. H. D. K. Samarakoon, The Secretary, State Ministry of Solar, Wind and Hydro Power Generation Projects Development, No. 437, Galle Road, Colombo 03.
3A.Prof. K. T. M. Udayanga Hemapala, Ministry of Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
4. M. P. D. U. K. Mapa Pathirana, Secretary to the Ministry of Power and Energy, No. 437, Galle Road, Colombo 03.
4A.Prof. K. T. M. Udayanga Hemapala Ministry of Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
5. K. L. R. C. Wijayasinghe, Inquiry Officer, Ministry of Power and Energy, No. 437, Galle Road, Colombo 03.
6. Sri Lanka Sustainable Energy Authority, No. 72, Ananda Coomaraswamy Mawatha, Colombo 07.
7. V. Mythereye, Government Surveyor, Divisional Survey Office, Poonakari.
8. A. Atheethan, Government Surveyor, Divisional Survey Office, Poonakari.
RESPONDENTS Before: S. U. B. Karalliyadde, J Dr. D. F. H. Gunawardhana, J.
Counsel:
Navin Marapana, P.C. with Kaushalya Molligoda and Ruwantha Cooray instructed S.
Nilakandan for the Petitioner.
Manoharan Jayasinghe, Deputy Solicitor General, for the Respondents.
Argued on: 02.09.2025 Delivered on: 14.10.2025 Dr. D. F. H. Gunawardhana, J.
Judgement
Introduction
The 1st Petitioner is a company incorporated under the Companies Act No. 7 of 2007, and it owns a land in extent of 48 Acres 3 Roods and 15.14 Perches situated in Poonakari area under Deed bearing No. 23, marked as P2 annexed to the Petition. The 3rd Petitioner is also a company incorporated under the Companies Act No. 7 of 2007, and it also owns two lands collectively in extent of 41 Acres 2 Roods and 23 Perches, by virtue of the two Deeds bearing No. 21 and No. 22 dated 28th February 2013 and attested by S. Neelakandan.
The 1st, 2nd and 3rd Petitioners, all being incorporated bodies under the Companies Act, are capable of suing and being sued in its corporate being. There had been an agreement between the Petitioners that the 2nd Petitioner, in collaboration with a third party, would lease the three properties belonging to the Petitioners situated in Poonakari area, for a wind turbine project, where wind turbines would be installed with the infrastructure related thereto, at the cost of USD 75,000,000/- (Seventy-Five Million). Out of that total cost, USD 15,000,000 (Fifteen Million) was to be raised in equity while the remainder was to be raised by the Bank. The said wind powerplant would be operated and connected to the Poonakari substation.
The 1st Respondent is the minister in-charge of the land. The 2nd Respondent is the Divisional Secretary of the Poonakari area where the three lands proposed to be acquired by the Government are situated. The 3rd Respondent is the Secretary of the State Ministry of Solar, Wind and Hydro Power Generation Projects Development. The 4th Respondent is the Secretary to the Ministry of Power and Energy. The 5th Respondent is the inquiry officer, and the 6th Respondent is the Sri Lanka Sustainable Energy Authority, while the 7th and 8th Respondents are the Government Surveyors of the Divisional Survey Office of Poonakari.
The 2nd Petitioner and Sires Management (Pvt) Ltd. (herein after referred to as “Sires”) have jointly submitted an application to the 6th Respondent which had called for tenders to install wind turbine power projects in Poonakari area. Having accepted the said tender application including the tender fee of Rs. 100,000/- (One Hundred Thousand Rupees), the 6th Respondent has thus far (up to the time of filing this application) never indicated or intimated the 2nd Respondent and Sires. It is also alleged by the Petitioners that the Government has suddenly decided to adopt the project and design by the 2nd Petitioner and Sires to install a windmill project on their own. Pursuant to that, the Government has decided to acquire the same land that the 2nd Petitioner and Sires intended to take on lease from the 1st and 3rd Petitioners.
The Petitioners allege that the said project had been initially designed, proposed to be installed and commissioned by the 2nd Petitioner along with Sires. However, the Government, having decided to install a project of its own, has decided to acquire the same property for a similar project. Therefore, the Petitioners in this application impugn the notices that I referred to above, issued under Section 2 of the Land Acquisition Act, No. 9 of 1950 (as amended) (herein after referred to as the “Land Acquisition Act” or the “LA Act”). Consequently, since the Government has decided to take immediate possession of the lands under Section 38(a) of the LA Act, without going through the proper procedure, the Petitioners seek to impugn such decisions.
In those circumstances, the Petitioners move to seek the following reliefs inter alia;
“c) Grant and issue Mandate in the nature of Writs of Certiorari, quashing;
i. The Section 2 Notice dated 15th March 2023, published under the hand of the 2nd Respondent in all 3 languages [marked above as “P7(I)(a)” “P7(I)(b)”, “P7(I)(c)”, “P7(II)(a)”, “P7(II)(b)”, “P7(II)(c)” and “P7(III)(a)”, “P7(III)(b)” and “P7(III)(c)”];
ii. The decision reflected in the Section 2 Notice dated 15th March 2023, published under th
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