IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Mandates in the nature of Writs of Certiorari, Mandamus and Prohibition under and in term of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Galappththige Muditha Prasanna De Silva, No, 126/1, Alen Avenue, Dehiwala, CA Writ application No: 123/2020 And also at, No 2/157, Victoria Rd, West Pennant Hills, New South Wales 2125, Australia.

PETITIONER -Vs-

1. Commissioner General of Title Settlement, (Land Settlement Commissioner)

Department of Land Settlement, No 1200/6, Mihikatha Medura, Rajamalwatta Road, Battaramulla.

2. Land Reform Commission, No 475, Kaduwela Road, Battaramulla.

3. The Chairman, Land Reform Commission, No. 475, Kaduwela Road, Battaramulla.

4. The Secretary, Ministry of Lands and Development, 'Mihikatha Madura', Land Secretariat, No 1200/6, Rajamalwatta Road, Battaramulla

5. Kamala Deheragoda Punchinilame, No 42C, Dambugahawaththa Mw, Kalalgoda, Pannipitiya.

RESPONDENTS Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel: Sandamal Rajapaksha for the Petitioner.

H. Senanayake, SSC for the 1^st and 4^th Respondents.

Palitha Kumarasinghe, PC with Harith De Mel, instructed by Tharaka Jayasekara for the 2^nd and 3^rd Respondents.

Uditha Egalahewa, PC with Ranga Dayananda for the 5^th Respondents.

Written submissions tendered on:

09.11.2023 by the Petitioner.

03.10.2023 by the 1st and 4th Respondents. 18.10.2023 by the 2nd and 3rd Respondents Argued on: 27.06.2023, 03.08.2023 Decided on: 31.01.2024 S. U. B. Karalliyadde, J.

The Petitioner to this Writ Application became the owner of Lot A in Gangalagamuwa Estate Lot 1111 and Lot B in Gamaetigulanehena Lot 1126 2/2 in the Block Survey Village Plan (B.S.V.P.) No. 984 situated at Gangalagamuwa village in the District of Ratnapura by Deed of transfer bearing No. 638 dated 15.12.2008 (marked as P1). The entire Gangalagamuwa Estate was originally owned by the 5^th Respondent and after the Land Reform Law, No. 1 of 1972 (as amended) came into force, in terms of Section 5(1)(a) of that Law, an extent of land 88 Acres 1 Rood and 2 Perches of it was vested in 1972 with the Land Reform Commission (the 2^nd Respondent) as the 5^th Respondent owned the land excess of the ceiling. In the Gazette notification bearing No. 3146 dated 11.09.1984 (marked as P3), the 2^nd Respondent published a Notice in terms of Section 29 of the Land Reform Law, informing any person/persons who had a claim for compensation in respect of Gangalagamuwa Estate to make such claim to the 2^nd Respondent within a month from 11.09,1984. Thereafter, by the Deed of transfer No. 4079 dated 25.08.1998 (marked as P4), the 2^nd Respondent transferred Lots 1099, 1109 and 1111 in the plan B.S.V.P. No. 984 of Gangalagamuwa Estate and Lots 1126 2/2 of Gamaetigulanehena (part) in the extent of 56 Acres and 28 Perches to the two brothers of the Petitioner. They transferred by deed marked as P1, 7 Acres 2 Roods and 35 Acres 2 Roods and 37 Perches, the land referred to in the 2^nd schedule to the P1 to the Petitioner which is the subject matter of this Writ Application. The Petitioner alleged that on or about December 2019, the 5^th Respondent and her agents forcibly entered the land belonging to him and started clearing the south/west side of the land. The Petitioner lodged a complaint to the Police on 31.12.2019 about the said forcible act of the 5^th Respondent however, no action has been taken by the Police. Thereafter the Petitioner came to know that the 5^th Respondent is claiming the ownership of the land of the Petitioner, by way of a land settlement order published in the Gazette bearing No. 1434/30 dated 02.03.2006 marked as P8 issued by the Commissioner General of Title Settlement (the 1^st Respondent) purportedly acting under the provisions of the Land Settlement Ordinance, No. 31 of 1931 (the Ordinance) and that land settlement order had been registered in the Ratnapura Land Registry