B. Sasi Mahendran, J

The Petitioner instituted this application, by petition dated 30.05.2023 praying for;

a. Issue notices on the Respondents;

b. Call for and examine the entire record pertaining to this application, including:

(a) Proceedings of the inquiry held at the office of the IS Respondent’s office on 15.02.2023;

(b) Documents/recommendations/communications/notices and decisions taken under and in terms of Sections 104A, 104B, 104C and 104D of the Land Development Ordinance (as amended).

c. Grant and issue of an order in the nature of Writ of Certiorari quashing the decision of the 1^st Respondent to cancel and/or revoke the Grant/rights to the land given in favour of the Petitioner, reflected in P20;

d. Grant and issue of an order in the nature of Writ of Certiorari quashing the decision of the 1^st Respondent to divide the said land and convey title for half of the land to the 6th Respondent, reflected in P20;

e. Grant and issue of an order in the nature of Writ of Certiorari quashing P20;

f. Grant and issue an order in the nature of Writ of Certiorari quashing the proceedings of the inquiry held on the 15.02.2023 by the 1st Respondent Commissioner of Lands;

g. Grant and issue an order in the nature of Writ of Certiorari quashing any decision (if any) of the, 1^st,2^nd,3^rd,4^th or 5^th Respondents or any one or more of them to cancel the Petitioner’s grant/rights and divide the land between the Petitioner and the 6^th Respondent;

h. Grant and issue an order in the nature of Writ of Certiorari quashing any recommendation (if any) by the 3rd Respondent to cancel the Petitioner’s grant/rights and divide the land between the Petitioner and the 6^th Respondent;

i. Grant and issue an order in the nature of Writ of Prohibition, prohibiting the 1^st to 4^th Respondents from granting/issuing a grant/permit/rights to the 6^th Respondent, in respect of the land, referred to in P12 or a portion/share thereof;

j. Grant and issue an interim order to suspend the operation of P20, until the final hearing and determination of this application;

k. Grant and issue an interim order to restraining the 1^st to 5^th Respondents from taking further steps based on P20, until the final hearing and determination of this application;

l. Grant and issue an interim order to restraining the 1^st to 5^th Respondents from surveying and/or dividing the land until the final hearing and determination of this application;

m. Grant and issue an interim order to maintain the status quo of the said land until the final hearing and determination of this application;

n. Grant and issue an interim order restraining the 1^st to 4th Respondents from granting/issuing a grant/permit/rights to the 6^th Respondent, in respect of the land, referred to in P12 or a portion/share thereof, until the final hearing and determination of this application;

o. Grant costs;

p. Grant such other and further reliefs that Your Lordships’ Court shall seem meet.

The main ground urged by the Petitioner is that the decision made by the 1^st Respondent in the document marked as P20 is ultra vires as the 1^st and 2^nd Respondents have failed to follow the proper procedure laid down in the Land Development Ordinance No.19 of 1935 (as amended) with regard to nomination under Section 60 of the said Ordinance.

When the matter was supported on 06.06.2023, the Court has issued interim order and issued notice to the Respondents as prayed.

Facts of this case are as follows:

According to the Petitioner, on or about 1949, the grandfather of the Petitioner, Peus Dassanayake was issued a permit under the Land Development Ordinance in extent of 10 Acres 1 rood and 3 perches in the village of Wendakaduwa within the Pallama Divisional Secretariat Division. Upon the demise of the Petitioner’s grandfather on or about 13.12.1979, the Petitioner’s grandmother succeeded to the said holding. Accordingly, the Petitioner’s grandmother, Subasinghe Pathirana Dona Regina received two Grants bearing Nos. පුත්/ ප්ර/5373 and පුත්/ ප්ර/5374 for the said lan