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

Court of Appeal Case No.

CA/WRT/0321/2019 Athukorala Kodithuwakkuge Chamal, 351/1, Raja Mawatha, Kandasurindugama, Kataragama. Petitioner Vs

1. National Housing Development Authority, Sir Chiththampalam A Gardiner Mawatha, Colombo 02.

2. M. S. Weerasinghe, General Manager, National Housing Development Authority, Sir Chiththampalam A Gardiner Mawatha, Colombo 02.

3. Nimal Ranasinghe, District Manager, National Housing Development Authority, Matale.

4. L. R. E. Bandara District Manager, National Housing Development Authority, Matale.

Formerly, Senior District manager, National Housing Development Authority, Moneragala.

5. S. K. Hettiarachchi, Manager, National Housing Development Authority, Sir Chiththampalam A Gardiner Mawatha, Colombo 02.

Formerly, District manager, National Housing Development Authority, Moneragala.

6. Sajith Premadasa, Minister of Housing and Constructions and Cultural Affairs, Ministry of Housing and Constructions and Cultural Affairs, 2^nd Floor, “Sethsiripaya”, Sri Jayawardanapura Kotte, Battaramulla.

7. National Association of All Ceylon Driving School Owners, 95/1, Broadway Building, Main Street, Kalutara South.

8. H. K. M. Kevin Rajitha, Notary Public, Umankandura, Diyathalawa.

9. D. S. A. Ranjana, Licensed Surveyer, Umankandura, Diyathalawa.

10. S. M. P. P. Sanghakkara, Surveyor General, Survey Department, 150, Bernard Soyza Mawatha, Colombo 05.

11. The Hon. Attorney General, Attorney General’s Department, Superior Court Complex, Hulfts Dorp, Colombo 12.

Respondents Before: M. T. MOHAMMED LAFFAR, J.

Counsel: E. B. Atapattu, instructed by I. Kitulegoda for the Petitioner.

A. Weerakoon, SC for the 1st to 6th and 11th Respondent. Written Submissions on: 27.01.2023 by the Petitioner

02.02.2023 by the 1st to 5^th and 8^th Respondent.

Decided on: 28.02.2023 MOHAMMED LAFFAR, J.

The main reliefs sought by the Petitioner in this Application, inter alia, are as follows I. A Writ of Certiorari quashing the decision of the 1st Respondent NHDA by resolution of the Board of Members of Directors to transfer the part of the said land bearing No.1968 of F.V.P Plan No.25 prepared by the Surveyor General dated 31.5.1993, to the 7th respondent, in extent of 25.22 perches out of 31.5 perches (document marked P150).

II. To Grant and issue a mandate in the nature of a Writ of Certiorari quashing the said approval of the Minister of National Housing and Constructions to transfer the part of the said land bearing No.1968 of F.V.P Plan No.25, in extent of 25.22 perches out of 31.5 perches, to the 7^th respondent. (Document marked "P151 ")

III. To Grant and issue a mandate in the nature of a Writ of Certiorari quashing the deed attested by the 8th Respondent, Notary Public dated 24/10/2017 bearing No.274 to transfer the part of the said land bearing No.1968 of F.V.P Plan No.25 prepared by the Surveyor General dated 31.5.1993, in extent of 25.22 perches out of 31.5 perches, to the 7th Respondent.

(Document marked "P 3").

IV. To grant and issue a mandate in the nature of a Writ of Certiorari quashing the plan bearing No.2081B dated

23/06/2015 (Document marked "P152").

The precursory facts to the Application pursued are as follows.

At the very outset, the Petitioner, claims to have been prejudiced by the decision to transfer part of the stipulated land (25.22 perches out of 31.5 perches marked P3, P4) by the 1^st Respondent, National Housing Development Authority, to the 7^th Respondent National Association of All Ceylon Driving School Owners. The said land was purportedly enjoyed by the Petitioner for more than 18 years and was allegedly purchased by the Petitioner’s father. However, no documented evidence of such a purchase has been averred by the Petitioner and as per paragraph 6 of the Petition, it is admitted by the Petitioner that