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 Mandamus, Certiorari and Prohibition in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Professional Surveyors Association, 49/116, 1^st Lane, Ramanayake Mawatha, Hokandara South, Hokandara.

2. Malavige Don Eranda, 382/6/2A, Meda Mawatha, Habarakada, CA/WRIT/108/2021 Homagama.

3. Pulasthi Sanjaya Dissanayaka, 49/116, 1^st Lane, Ramanayake Mawatha, Hokandara South, Hokandara.

4. Trimadura Anjana Satharanga De Silva, No. 277/B, Bolatha, Ganemulla.

5. Kariyawasam Siththarage Dilan Rangana, No. 391/5, Rubber Estate, Thissamaharamaya.

PETITIONERS Vs.

Land Survey Council, Kirula Road, Colombo 5.

RESPONDENT Before: Sobhitha Rajakaruna J.

Counsel: Uditha Egalahewa, PC with Chathura Chamupathi for the Petitioners.

Nayomi Kahawita, SSC for the Respondent.

Argued on: 22.07.2024 Written Submissions: Petitioners - 05.08.2024 Respondent - -

Decided on: 16.10.2024 Sobhitha Rajakaruna J.

The 1^st Petitioner- Professional Surveyors Association (‘Association’) is a body registered under the Companies Act No. 7 of 2007 and its membership consists of persons qualified as surveyors. The Petitioners contend that the members of the said Association are graduates from the Faculty of Geomatics of the University of Sabaragamuwa who have specialized in Survey Sciences. A copy of the list of members of the Association is marked as ‘P10’.

The Respondent- Land Survey Council (‘Council’) has been established in terms of Section 26 of the Survey Act No. 17 of 2002. Among the other functions, it is the duty of the Council a) to recognize academic and professional qualifications in land surveying; b) establish practical experience requirements and c) conduct qualifying examinations and professional interviews, for candidates for registration surveyors and for the issue of annual practicing licenses.

The alleged grievance of the Petitioners is that they were not registered as surveyors by the Council although they have achieved their degree certificates and other qualifications. The Petitioners further contend that it is a breach of duty by the Respondent which eventually amounts to a breach of legitimate expectation of the Association and its members.

The scheme formulated for the purpose of recognizing the registration criterion which was published in Gazette 15.09.2016, was revoked on 11.11.2016. As such, the Petitioners assert that since 11.11.2016, the Council has failed to implement a fresh scheme. The Defense taken up by the Council to not register the Members of the Association has been limited to an excuse that the ‘necessary requirements were not fulfilled as per the said Act’ (Vide- ‘P15’). Amidst several requests made by the Petitioners, the failure of the Council to process the applications of the members of the Association is viewed by the Petitioners as arbitrary, illegal, unlawful and ultra vires.

Section 39 of the said Act empowers the Council to register the Surveyors with such Council.

The said section reads;

(1) From or after the date of commencement of this Act no person, other than a person who possesses the qualification specified in the Schedule hereto and has obtained registration with the Council and has been issued with a certificate of registration which is for the time being in force may engage in land surveying.

(2) Notwithstanding the provisions of subsection (1) a person who possesses the academic qualifications specified in the Schedule hereto and working under the supervision of a person issued with a certificate of registration under subsection (1), may engage in land surveying for the purpose of acquiring the practical qualification specified in the Schedule hereto, but shall not be eligible to be registered under this Act.

(3) An application for registration as a surveyor shall he in the prescribed form and shall be accompanied by the prescribed fee.

(4) The Counc