IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka read with section 11 of the High Court of the Provinces (Special Provinces) Act No.19 of 1990 and Supreme Court Rules published in the Government Extraordinary Gazette bearing No.

549/6 dated 13^th March 1989.

CA (PHC) Appeal No: 116/2013 The Commissioner of Local Government, HC of Kandy: Rev/35/2012 Central Province, Department of Local Government, Secretariat Building, Magistrate’s Court Kandy: 41182 Kandy Applicant Vs.

Mawela Tholangamuwe Gedara Karunaratne, Mawela Motors, 62nd Mile Post, Kadugannawa Respondent AND BETWEEN Mawela Tholangamuwe Gedara Karunaratne, Mawela Motors, 62nd Mile Post, Kadugannawa Respondent-

Petitioner Vs The Commissioner of Local Government, Central Province, Department of Local Government, Secretariat Building, Kandy Applicant -Respondent AND NOW BETWEEN The Commissioner of Local Government, Central Province, Department of Local Government, Secretariat Building, Kandy Presently at Department of Local Government –

Central Province, Provincial Council Complex, Pallekele, Kundasale Applicant- Respondent-

Petitioner Vs.

Mawela Tholangamuwe Gedara Karunaratne, Mawela Motors, 62nd Mile Post, Kadugannawa Respondent-Petitioner-Respondent Before: Prasantha De Silva, J.

K.K.A.V. Swarnadhipathi, J Counsel: Uditha Egalahewa, PC. with Ranga Dayananda AAL and Tharushi Buddhadasa AAL for the Applicant- Respondent-Petitioner Anura Meddagedara, PC. with Srilal Danadeniya and N. Kannangara AAL instructed by Varners for the Respondent-Petitioner-Respondent Both counsel agreed to dispose this matter by way of Written submissions Written Submissions: 26.01.2023 for the Applicant-Respondent-Appellant filed on 03.08.2018 for the Respondent-Petitioner-Respondent

31.07.2018 for the Applicant-Respondent-Appellant Delivered on: 30.03.2023 Prasantha De Silva, J.

Judgment The Applicant being the Commissioner of Local Government Central Province has filed an application in the Magistrate’s Court of Kandy in terms of Section 5(1) of the State Lands (Recovery of Possession) Act No. 07 of 1979 [as amended] (hereinafter referred to as ‘the Act’) against the Respondent namely M.T.G. Karunaratne seeking an order to have the Respondent and his dependents ejected from the said land as the Respondent has failed to act in terms of Section 4(b) of the said Act after receipt of the quit notice dated 06.06.2011 issued under Section 3 of the Act.

The Respondent had appeared before the Magistrate’s Court and had been afforded an opportunity to show cause. Although the Respondent tendered documents marked ව1 to ව6 , it appears that no permit, license or grant was produced in evidence to show compliance with section 9 of the Act.

However, after the inquiry, the learned Magistrate had made an Order on 08.03.2012 allowing the application of the Applicant and ordering to evict the Respondent from the impugned land. Being aggrieved by the said order, the Respondent-Petitioner-Respondent had invoked the revisionary jurisdiction of the Provincial High Court of the Central Province holden in Kandy in case bearing No. Rev/35/2012 seeking to have the said order of the learned Magistrate revised or set aside. The Respondent-Petitioner-Respondent had taken up the position that the commissioner of local government is not the competent authority to institute proceedings under the State Lands (Recovery of Possession) Act.

It is relevant to note, the learned High Court Judge having inquired into the matter had held that the impugned land does not belong to the Kadugannawa Urban Council. Therefore, the Applicant-Respondent-Petitioner (Appellant) does not have the locus standi to institute proceedings for recovery of possession under the Act. Accordingly, he has upheld the position of the Respondent-Petitioner and revised the said order of the learned Magistrate dated