IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the nature of an application in the nature of writ of Certiorari, Mandamus and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/WRIT/425/22 Ihala Jawara Gedara Hema Malani No 303, 1st Phase, Medirigiriya. PETITIONER

1. Ms. C.M Karunarathna Divisional Secretory, Divisional Secretariat, Medirigiriya.

2. Mr.P.S.P.Abeywardhana

2A. Mr. W.R.A.N.S. Wijayasinghe Registrar General

234/ A3, Denzil Kobbekaduwa Mawatha, Battaramulla.

3. Ms.P.M.H.Priyadarshani

3A. MS. P.C.D. Siera Commissioner General of Title Settlement, No. 1200/6, Mihikatha Medura Rajamalwatta Road, Battaramulla.

4. R.M.C.M.Herath, 4A. K.D. Bandula Jayasinghe Land Commissioner General, Department of Land Commissioner General, No. 1200/6, Mihikatha Medura Rajamalwatta, Battaramulla. 5. Mr. Pradeep Rupasinghe

5A. Mr. S.L.M.Herath Additional Registrar of Title, No 54, New Court Complex, Gamudawa, Pulathisigama, Hingurakgoda.

6. Ihala Jawara Gedara Chandrawathi Manike, No 303/01, 1st Phase,Medirigiriya.

RESPONDENTS Before : N. Bandula Karunarathna, P/CA, J.

B. Sasi Mahendran, J.

Counsel: Nuwan Bopage with Chathura Weththasinghe for the Petitioner Suren Gnanaraj with Sakuni Weeraratne for the 6th Respondent Medhaka Fernando, SC for the 1st-5th Respondents Argued On: 08.07.2024 Written Submissions: 20.09.2024 ( by the Petitioner)

On 13.08.2024 (by the 6^th Respondents)

07.08.2024 (by the 1st-5th Respondents)

Judgment On: 25.09.2024 B. Sasi Mahendran, J.

The Petitioner instituted this action to obtain the following reliefs prayed for in the Petition dated 11.11.2022.

a. Issue Notice on the Respondents.

b. Grant a Writ of Certiorari quashing the 1st Respondent’s decision (found in document marked as X11) to transfer and/or certify the original ownership of the grant bearing number o/g/11395 to the 6th Respondent and/or identifying the 6th Respondent as the successor of the grant bearing number o/g/11395 relating to the subject matter.

c. Grant a Writ of Certiorari quashing the 2nd Respondent’s order marked as X7 (ii)

made under section 35 of the Registration of Documents Ordinance to alter the status of the grantee as a life-holder in the document marked as "X7 (i)"

d. Grant a Writ of Certiorari quashing the 3rd Respondent’s decision marked as X10(ii) to cancel the certificate of title bearing number 0002878 issued in favor of the Petitioner’s mother.

e. Grant a Writ of Mandamus directing the 1st Respondent to name the Petitioner as the original owner and/or name the Petitioner as the successor of the subject matter.

f. Grant a Writ of Mandamus directing the 1st to 5th Respondents to revalidate the certificate of title bearing number 0002878 and / or re-issue a certificate of title relating to the subject matter in favor of the Petitioner g. Grant an interim order preventing the 1st to 5th Respondents taking any further steps to changing the status quo of the subject matter by way of any legal instrument until this application is hear and determine by Your Lordships’ Court.

h. Grant an interim order suspending the Is Respondent’s decision found in document marked as X11 to transfer and/or certify the original ownership of the grant bearing number ප ො/ⷁᮅ 11395 to the 6th Respondent and/or identifying the 6th Respondent as the successor of the grant bearing number ප ො/ⷁᮅ 11395 relating to the subject matter until this application is hear and determine by Your Lordships’

Court.

i. Grant an interim order preventing the 6th Respondent and/or her agent and/or servant and/or anyone who is acting under 6th Respondent from disturbing and/or interfering with the Petitioner’s peaceful possession of the subject matter until this application is hear and determine by Your Lordships’ Court.

j. Grant cost and, k. Grant such other and further reliefs Your Lordships shall seem meet.

The facts of this case are as follows:

According to the petition, the Petitioner’s father namely Ih