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 140 of the Constitution for a mandate in the nature of a Writ of Mandamus.

1. G.Sumith J. de Silva No.36, Dehiwala Road, CA/WRIT/20/2021 Papiliyana, Boralasgamuwa.

2. Jayawardenalage Shiromani Preethika Jayawardena Horakele Watta, Horagasmulla, Divulapitiya.

Wife of G.J Prasad de Silva, (now deceased)

3. G. Nisal I. de Silva No.36, Dehiwala Road, Papiliyana, Boralasgamuwa.

4. G.P.R. de Silva

4653, Summer Oak Street, Apartment 6103, Orlando, Florida, 32835, USA.

Represented by his Attorney G. Sumith J. De Silva

36, Dehiwala Road, Pepiliyana, Boralasgamuwa.

5. Gajasinghege Ekna Harshani de Silva No.26, Vihara Mawatha, Pepiliyana, Boralasgamuwa. PETITIONERS Vs.

1. Land Reform Commission No.475, Kaduwela Road, Battaramulla.

2. D.K.D Dissanayake Executive Director Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

2A.Pathmika Mahanama Thilakarathna Executive Director, Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

3. Nilantha Wijesinghe Chairman Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

4. S.M. Chandrasena Minister Ministry of Lands Mihikatha Medura, Land Secretariat, 1200/6, Rajamalwatta Avenue, Battaramulla.

4A.Harin Fernando Minister of Tourism and Lands Ministry of Lands, Mihikatha Medura, Land Secretariat, 1200/6, Rajamalwatta Avenue, Battaramulla.

5. The Attorney General Attorney General’s Department, Hulftsdorp.

RESPONDENTS Before: Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel: Geoffrey Alagaratnam PC with Luwie Ganeshathasan for the Petitioner Chandana Liyanapatabendi PC with Harshana Ranasinghe for the 1st to 3rd Respondents.

A.Weerakoon SC for the 4th and 5th Respondents Argued on: 23.09.2022, 14.07.2023 Written submissions: Petitioners - 08.09.2023 and 15.11.2023

1st Respondent - 04.10.2023 Decided on: 21.11.2023 Sobhitha Rajakaruna J.

The Petitioner states that the original owners of the subject land called “YakiriyaPellessa'' alias “WeerawilaWatte” in extent of (A101-R2-P27) (101 acres 2 roods 21 perches) were Gajasinghege Stephen De Silva and Gajasinghege Charles Edward De Silva (both now deceased). The said Gajasinghege Charles Edward De Silva has made a declaration under the Land Reform Law No.1 of 1972, that he was a statutory lessee who co-owned the above agricultural land to an extent of A59-R3-P38 of which A9-R3-P38 was more than the stipulated ceiling under the Land Reform Law. Gajasinghege Stephen De Silva, who is the other co-owner, was entitled to A33-R3-P34, which was 1/3^rd of the said total extent of A101-

R2-P27.

The Petitioners are allegedly the heirs of their father- Gajasinghege Stephen De Silva. Moreover, the Petition discloses that the 1^st, 3^rd, 4^th and the 5^th Petitioners are the children of the said Stephen De Silva and the current 2^nd Petitioner is the wife of another child of the same family. The claim of the Petitioners in the instant Application is based on the rights of the said deceased Gajasinghege Stephen De Silva and accordingly the Petitioners contend that the said Land Reform Law does not govern the co-owned portion of the land in the extent of A33-R3-P34.

In regards to the above statutory declaration of Gajasinghege Charles Edward De Silva, the Land Reform Commission (‘LRC’) released to him the land in extent of A50 (depicted in FVP 621 -Sheet No.1- marked Lot 41) by Gazette No.163/15 dated 16.05.1957. The LRC held the remaining portion of the declared land in the extent of A9-R3-P38 (Lot 42 in FVP 621 -Sheet No.1). The issues relating to the instant Application emanates as a result of the LRC taking over possession of the entirety of the above named, co-owned land in the extent of A101-R2-P27 on the pretext of identifying the vested area of land and releasing the balance. There is no dispute that the share of the said Gajasinghege Stephen De Silva has not been vested under Land Reform Law. Anyhow, there has been a delay in the L