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, mandamus and prohibition made under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

G. A. K. Jeewani Anuruddhika No.54/08, Kohilawatta Road, Gothatuwa New Town.

Petitioner Case No. CA (Writ) 460/2021 Vs.

1. National Housing Development Authority Sri Chitampalam A. Gardiner Mawatha, Colombo 02.

2. Eng. K. A. Janaka General Manager (Acting), National Housing Development Authority Sri Chitampalam A. Gardiner Mawatha, Colombo 02.

3. Deputy General Manager (Property Management)

National Housing Development Authority Sri Chitampalam A. Gardiner Mawatha, Colombo 02.

4. R.M. Subasinghe Manager (Colombo South)

National Housing Development Authority Sri Chitampalam A. Gardiner Mawatha, Colombo 02.

5. G. A. K. Nalaka Wanshanatha No. R/3/1, National Housing Scheme, Serpentine Road, Borella, Colombo 08.

6. G. A. K. Kolitha Jayantha No. 103, Rubberwatta, South Niwandama, Ja-Ela.

7. G. A. K. Jeewaka Sirinatha No. 40/5 F/1, Yatiyanawatta Road, Dedigama, Piliyandala.

8. G. A. K. Jeewanthi Sulochana No. 534/2A, Gnanawimala Road, Athurugiriya. Respondents Before : Sobhitha Rajakaruna, J.

Dhammika Ganepola, J.

Counsel : Chathura Galehena for the Petitioner.

N. Kulathunga S. C. for the 1^st to 4^th Respondents.

Sadmal Rajapaksha for the 5^th and 8^th Respondents.

Written Submission : Petitioner : 02.11.2023 tendered On 1^st to 4^th Respondents : 05.12.2023

5^th &6^th Respondents : 02.11.2023 Decided On : 07.12.2023 Dhammika Ganepola, J.

Factual Matrix of the case The facts of the instant case are as follows. The National Housing Department had entered into a Lease Agreement with the Petitioner's father, Mr. G. A. K. Gunadasa on 26.03.1974 pertaining to the property bearing No. R/3/1, National Housing Scheme, Serpentine Road, Borella, Colombo. Pursuant to the National Housing Development Authority Act No. 17 of 1979 coming into operation on 01.04.1979, the 1st Respondent National Housing Development Authority [NHDA] had become the lessor of the said agreement under Section 73A of the said Act. Said original lessee Mr. Gunadasa had passed away on 29.08.1988 leaving his wife and five children i.e., 1st Petitioner and the 5th to the 8th Respondents as his heirs. The original lessee Mr. Gunadasa’s wife had also passed away on 09. 01.2010. Subsequently, the Petitioner had made a request to the 2nd Respondent moving the 2nd Respondent to grant the Petitioner her entitlement to the impugned property as an heir of the original lessee Mr. Gunadasa by letter dated 18.02.2010(P3).

Thereupon the Petitioner and the other heirs of the original lessee Mr. Gunadasa had been informed that the 1^st Respondent NHDA has decided to transfer the rights over the disputed property to the heirs so that each heir shall be entitled to an 1/5 undivided share of the impugned property. Accordingly, by letter dated

25.08.2011(P5), each heir of the original lessee Mr. Gunadasa had been informed to submit the necessary documents in order for the 1^st Respondent to transfer the said shares to each heir. In response to the said letter, the Petitioner has submitted the required documents to the 4^th Respondent. However, the 5^th-8^th Respondents had failed to comply with the said letter marked P5. As such, yet again the Petitioner and the other heirs of the original lessee Mr. Gunadasa had been informed to submit the necessary documents within 14 days from the letter dated 22.03.2017 (P6) as they have failed to respond to the said letter P5. In response to the said letter P6, the Petitioner has forwarded the letter dated 06.04.2017 (P7), whereby the Petitioner had claimed that the ofÏcers of the NHDA are delaying the process of transferring the impugned property and accordingly has requested the 1^st Respondent to transfer her share of the impugned property without delay. The Petitioner states that although she su