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

1. Kumburegedara Herath Banda, 46/2, Sansungama, Kawudulla PETITIONER CA No. CA/Writ/0340/2019 v.

1. C. M. Karunarathna, Divisional Secretary, Divisional Secretariat, Medirigiriya.

1(A) W. M. Indika Karunarathna Divisional Secretary, Divisional Secretariat, Polonnaruwa.

2. Panduka S. P. Abewardhana, District Secretary, District Secretariat Office, Polonnaruwa.

2(A) W. A. Darmasiri, District Secretary, District Secretariat, Polonnaruwa.

3. K. H. M. D. Wijewardhana, Deputy Commissioner of Lands, District Secretariat, Polonnaruwa.

4. R. M. C.M. Herath, Commissioner General of Lands, Land Commissioner General’s Department, “Mihikatha Madura”, No.1200/6, Rajamalwaththa Road, Battaramulla.

4(A) K. D. Bandhula Jayasinghe, Commissioner General of Lands, Land Commissioner General’s Department, “Mihikatha Madura”, No.1200/6, Rajamalwaththa Road, Battaramulla.

5. Ajith Kumarasingha, 46, Sansungama, Kawudulla.

6. Munasinghe Mudiyanselage, Palingu Manike, 46/1, Sansungama, Kawdulla.

7. Kumburegedara Rambanda, 46/2, Sansungama, Kawdulla.

8. Secretary to the President of the Democratic Socialist Republic of Sri Lanka, Presidential Secretariat, Galle Face, Colombo 01.

9. Honourable Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS BEFORE : M. Sampath K. B. Wijeratne J. and Wickum A. Kaluarachchi J.

COUNSEL : Nuwan Bopage with Manoj Jayasena for the Petitioner.

Shantha Jayawardena with Thilini Vidanagamage for the 5^th Respondent.

Suranga Wimalasena, D. S. G. with S. C. Shamanthi Dunuwila for the 1^st - 4^th, 8^th and 9^th Respondents.

ARGUED ON : 03.05.2023 DECIDED ON : 22.06.2023 M. Sampath K. B. Wijeratne J.

Introduction The Petitioner instituted these proceedings seeking inter-alia, writs of certiorari quashing the Grants marked ‘P 7(i)’, ‘P 7(ii)’ and quashing the decisions marked ‘P 9(i)’, ‘P 9(ii)’; a writ of mandamus directing the Respondents to grant a Permit and/or a Grant in favour of the Petitioner. The 1^st to 4^th, 8^th and 9^th Respondents filed their objections seeking dismissal of the Petition. The 5^th Respondent also filed objections seeking dismissal of the Petition.

The Petitioner’s case Admittedly,¹ Kumburegedara Ukkurala was the permit holder, [‘5 R 1(a)’.] of the two allotments of land named Kaudullamukalana; Lot No. 294 in an extent of 2 A. 2 R. 21 P. (‘P 1(a)’) and Lot No. 172 in an extent of 5 A. 0 R. 39 P. (‘P 1(b)’). The subject matter of this application is the aforementioned two allotments of land. Ukkurala died on the 26^th November 1978, [Death certificate marked ‘P 2’.]. The Petitioner’s contention is that Ukkurala died without nominating a successor to his two allotments of land. According to the Petitioner, Ukkurala left his wife and nine children as his heirs. Petitioner stated that at the time of his death, Ukkurala was separated from his wife and thus, she did not succeed to the subject matter, exercising her rights under the Land Development Ordinance, [Section 48A of the Land Development Ordinance.]

The Petitioner is one of the sons of the deceased Ukkurala. The Petitioner states that as the surviving eldest son of the family, he allowed Kumburegedara Gunarathnabanda, Kumburegedara Lokubanda, and Kumburegedara Rambanda to occupy the two lands. Kumburegedara Gunarathnabanda married Meragalge Anulawathie on the 12^th July 1982 (‘P4’). At the time of marriage, Meragalge Anulawathie had a child, the 5^th Respondent Ajith Kumarasinghe, born on the 8^th June 1977 (‘P 8’). According to the Petitioner, the 5^th Respondent was born from an earlier relationship of Meragalge Anulawathie.

The Petitioner states that the other children of Ukkurala gave permission to Gunarathnabanda to possess part of the subject matter together with his family. Aforesaid Gunarath