IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Writ of Certiorari in terms of the provisions contained in Article Section 154(P) of the Constitution of the Democratic Socialist Republic of Sri Lanka read together with the provisions contained in Section 7of the provincial High Court (Special Provisions) Act No.19 of 1990.

Buddhipala Amrasinghe Court of Appeal Revision Application No.65/15, Rodney Street, No: PHC(APN) 54/2015 Borella.

Provincial High Court Writ Application No. HCWA 03/2012 Petitioner Vs.

1. Ajith Chitradeva Kuruppu

2. Hasanthi Kuruppu

3. Ramani Champa Kuruppu

4. Chandanie Ramya Kuruppu

5. Maya Waruni Kuruppu

6. Hiran Sathindra Kuruppu All of 87, Rodney Street, Borella, Colombo 08.

(More correctly No.67)

7. P. Leka Geethanjalie Perera The Former Commissioner of National Housing Western Province, Department of Housing, No.204, Denzil Kobbekaduwa Mawatha, Battaramulla.

Presently at No.89, Kaduwela Road, Battaramulla. Respondents In the matter of an application for Revision against the Judgement entered in the Provincial High Court of the Western province Writ Application No. HCWA

03/2012.

1. Ajith Chitradeva Kuruppu

2. Hasanthi Kuruppu

3. Ramani Champa Kuruppu

4. Chandanie Ramya Kuruppu

5. Maya Waruni Kuruppu

6. Hiran Sathindra Kuruppu All of 87, Rodney Street, Borella, Colombo 08.

(More correctly No.67)

1^st to 6^th Respondent-Petitioners Vs.

1. Buddhipala Amrasinghe No.65/15, Rodney Street, Borella Petitioner-Respondent

7. P. Leka Geethanjalie Perera The Former Commissioner of National Housing Western Province, Department of Housing, No.204, Denzil Kobbekaduwa Mawatha, Battaramulla.

Presently at No.89, Kaduwela Road, Battaramulla.

7a. Mrs. P.H. Colombage, The Commissioner of National Housing, Western Province, Department of Housing, No.89, Kaduwela Road, Battramulla.

7b. A.K. Nandanie H. Fernando, The Former Commissioner of National Housing Western Province, Department of National Housing, Western Province No.204, Denzil Kobbekauduwa, Mawatha, Battramulla.

7c. L.P. Manoja S.Pathirana Commissioner of Housing, Department of Housing Commissioner, Western Province.

9^th Floor, No.204, Denzil Kobbekauduwa Mawatha, Battramulla.

7th,7a, 7b and 7c Respondent-Respondents Before: Prasantha De Silva, J.

K.K.A.V. Swarnadhipathi, J.

Counsel: Ranjan Suwandaratne PC with Haritha Adikari for the 1^st- 6^th Respondent Petitioners.

Senior State counsel Surange Wimalasena for the 7^th Respondent-Respondents.

Rasika Dissanayake for the Petitioner-Respondent.

Written Submissions: 28.02.2020 for the Petitioner-Respondent tendered on 24.02.2020 for the 7a Respondent-Respondent

25.09.2018 for the 1st to 6th Respondent-Petitioners Argued on: 01.04.2022 Decided on: 23.02.2023 Prasantha De Silva, J Judgment The Petitioner namely, Buddhipala Amarasinghe is the tenant of premises bearing No. 65/15, Rodney Street, Borella, Colombo 8. The 1st to 6th Respondents above named in the caption are the owners of the said premises bearing No. 65/15, Rodney Street, Borella, Colombo 8. The said 1^st to 6^th Respondents had made an application on 05.01.2009 to the 7th Respondent (the Commissioner of National Housing of the Western Province, under the provisions of Section 18(A) of the Rent Act No. 07 of 1972 as amended seeking to have the premises bearing Nos. 65/9, 65/10, 65/11, 65/12, 65/14, 65/15, 65/16 and 65/17 situated in Rodney Street, Borella, Colombo 8 demolished for the purpose of developing the same. Consequent to the said application, the said 7^th Respondent Respondent (hereinafter sometimes referred to as ‘7^th Respondent’) had decided to hold an inquiry.

After conclusion of the inquiry, the 7th Respondent had delivered the order on 10.02.2012 and held that Petitioner should hand over the vacant possession of premises bearing No. 65/15 to the owners of the said premises and had ordered the said 1st to 6th Respondent-Petitioners (hereinafter sometimes referred to as ‘1^st to 6^th Respondents’) to pay Rs. 150,000/- as compensa