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 and Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/WRIT/456/2021

1. Karuppaih Rajasekaran No. 530/15, Negombo Road, Wattala.

2. Anton Hemantha No.530/14, Negombo Road, Wattala.

3. Reuban Sebastian No.530/17, Negombo Road, Wattala.

PETITIONERS Vs.

1. Rathnamali Rubasinghe Senior Survey Superintendent, Sri Lanka Survey Department, District Survey Office, Gampaha.

2. P.H.M. Priyadarshani Commissioner General, Land Title Settlement Department, No. 1200/6, Mihikatha Medura, Rajamalwatta Road, Battaramaulla.

2A. Chathurika Dissanayake Assistant Commissioner, Land Title Settlement Department, Divisional Office, No. 106, Yakkala Road, Gampaha.

3. Mohommed Shaafi Mohammed Zahireen No. 820/06/B, Kanthi Road, Hunupitiya.

4. Cassim Abdul Hameed Mohommed Shaafie, No. 820/06/B, Kanthi Road, Hunupitiya.

5. Mohammed Shaafi Mohommed Riyazdeen, No. 820/06/B, Kanthi Road, Hunupitiya.

6. Mohommed Shaafi Mohommed Shammi, No. 820/06/B, Kanthi Road, Hunupitiya.

7. Hon. Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS Before: Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel: Ravindranath Dabare with Savanthi Ponnamperuma and Imalka Hansani for the Petitioners.

Avanthi Weerakoon, SC for the 1st, 2A and 7th Respondents.

Argued on : 27.03.2023, 10.07.2023 Decided on : 27.07.2023 Sobhitha Rajakaruna J.

The Petitioners seek a writ of certiorari to quash the validity of Cadastral Map No. 512000 Block No.2 Sheet No.1 (marked ’P3’) and Cadastral Map No. 512000 Block No.2 Sheet No.8 (marked ’P4’). They also seek a writ of mandamus to compel the 2^nd and 2A Respondents to correct the Cadastral Maps in dispute and to give effect to Survey Plan No. 3089 (marked ’P1’).

When considering the submissions of the Petitioners in respect of the validity of the Cadastral Maps marked ’P3’ and ’P4’, it appears that there is a dispute in the boundaries to Survey Plan No. 3089 which predates the Cadastral Maps in question. The contention of the Petitioners, based on the letter marked ’P8’, is that there is an apparent error in Cadastral Map marked ’P4’. The said letter ’P8’ has been addressed to the Assistant Commissioner of Title Settlement, (Gampaha/ Ja Ela/ Wattala) by the Senior Superintendent of Surveys making a recommendation to the effect of cancelling the said Cadastral Map No. 512000 Block No.2 Sheet No.8 on the basis that a portion of the public road has been included into the subject land when issuing certificate No. 0023391. Further, the said Senior Superintendent of Survey has stated that Lot 57 of Cadastral Map No.

512000 Block No.2 Sheet No.1 has been properly surveyed.

In considering the validity of the Cadastral Map marked ’P4’, attention should be drawn to the letter dated 10.03.2016 (marked 'P9'), letter dated 18.03.2016 (marked ‘P10’) and letter dated 21.03.2016 (marked ‘P11’). In comparing the Survey Plan marked ‘P1’and the Cadastral map marked ‘P4’, it is the contention of the Petitioners and the 2^nd and 2A Respondents that the Cadastral Map ‘P4’ contains a flaw, due to the incorporation of part of the roadway. In perusing ’P9’ to ‘P11’ it could be seen that the Assistant Commissioner of the Land Title Settlement Department (Divisional Office- Gampaha) admits that there is an error in Cadastral Map marked ’P4’. By virtue of the letters marked ‘P9’ to ‘P11’ from the Assistant Commissioner of the Land Title Settlement Department (Divisional Office- Gampaha) to the 3^rd Respondent, it is evident that the authorities are admitting the flaw in the said Cadastral Map marked ’P4’. By ‘P11’ the Assistant Commissioner of Land Title Settlement has taken measures to notify the 3^rd Respondent to return the disputed certificate, for the purpose of correction. It is noted that the 3^rd Respondent has already collected the said disputed certifica