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 Writ of Certiorari, under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Kolombage Udara Sudarshanie Silva, No. 120/3, Bobabila, Makuldeniya.

PETITIONER CA No. CA/Writ/0304/2019 v.

1. Subasinge Arachchige Dona Maria Reeta Pilaminahamy, No. 42, Pathimawatha, Bandirippuwa, Lunuwila.

2. Horathal Pedige Manjula Pradeep Kumara, No. B24/8, Kubalgama, Dewanagala, Mawanella.

3. W. M. T. S. Wijesundara, Assistant Title Investigating Officer, Additional Registrar of Title Registration, Department of Title Registration, Regional Office, Wennappuwa.

4. P. D. C. Gratian, Assistant Commissioner, Department of Land Settlement, Regional Office, Wennappuwa.

5. Commissioner General of Land Settlement, Department of Land Settlement, No. 160, Kirula Road, Colombo 05.

5A. Gamini Ilangaratne, Commissioner for Land Settlement, Department of Land Settlement, “Mihikathamedura”, No. 1200/6, Rajamalwatte Road, Battaramulla.

6. National Savings Bank, Head office- National Savings Bank, Colombo 03.

7. N. A. D. T. Bandara, Registrar of Title Registration.

Land Registry, Marawila.

RESPONDENTS BEFORE : M. Sampath K. B. Wijeratne J. &

Wickum A. Kaluarachchi J.

COUNSEL : Dr. Sunil F. A. Cooray with Nilanga Perera for the Petitioner.

Hilary Livera with Gimhani Livera for the 1st and 2nd Respondents.

Sumathi Dharmawardene PC, ASG with R. Aluwihare, SC, for 3rd, 5th and

7th Respondents.

Chula Bandara with Gayathri Kodagoda for the 4th Respondent.

Eraj de Silva with J. Sundaramoorthi for the 6^th Respondent.

WRITTEN SUBMISSIONS : 1 3.07.2023 (by the Petitioner)

23.06.2023 (by 1st and 2nd Respondents)

12.07.2023 (by 3rd, 5th, 7th Respondents)

11.07.2023 (by the 4th Respondent) 28.06.2023 (by the 6th Respondent)

ARGUED ON : 05.06.2023 DECIDED ON : 20.07.2023 M. Sampath K. B. Wijeratne J.

Introduction The Petitioner instituted these proceedings seeking inter-alia, mandates in the nature of writ of certiorari quashing the reports marked ‘P11’ and ‘P 12’; the first-class title certificates issued in favour of the 1^st Respondent marked ‘P13’ and the first-class title certificate issued in favour of the 2^nd Respondent marked ‘P 14’.

The 1^st and 2^nd Respondents, the 3^rd and 5^th Respondents, the 4^th Respondent, the 6^th Respondent, and the 7^th Respondent filed their statement of objections seeking to dismiss or reject the application of the Petitioner.

Factual background According to the facts presented to this Court, the Petitioner’s maternal great-grandfather, Subasinghe Arachchige Don Peduru Appuhamy was the owner of the land which is the subject matter of this application. Peduru Appuhamy gifted the land to Petitioner’s mother Hapuarachchige Dona Chamali Roshani subject to his own life interest and of his wife Imihami Appuhamylage Lucihamy (‘P 1’). Later, the Petitioner’s mother re- transferred the land to Peduru Appuhamy (‘P 2’). Thereafter, Peduru Appuhamy gifted the land to the Petitioner in 2001, once again reserving

life interest for himself and for his wife Lucihamy (‘P 3’). Peduru Appuhamy died in or around 2002. Thereafter, Petitioner lived in the land with Lucihamy until her marriage in 2011 and thereafter, proceeded to live with the husband at Makuldeniya in Mahiyanganaya area. According to the Petitioner, the life interest holder Lucihamy had purportedly revoked the deed of gift ‘P 3’ by deed of declaration ‘P 4’ in 2012 and transferred the land to the 1^st Respondent by deed ‘P 5’.

In consequent to the commencement of registration of title under the Registration of Title Act No. 21 of 1998 (hereinafter referred to as the ‘RT’ Act) in the area where the subject matter of this application is situated, cadastral plan ‘P 9’ was prepared in which the land in the suit is depicted as Lot No. 15. According to the Petitioner, the cadastral plan ‘P 9’ was Gazetted under Section 12 of the RT Act, giving notice to the public to fo