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 writ of certiorari under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CASE NO: CA/WRIT/330/13 Metilda Ariyapperuma alias Ariyapperuma Arachchige Dona Metilda, No. 324/2, Baseline Road, Seeduwa.

PETITIONER VS.

1. Hon. Janaka Bandara Tennakon, Minister of Land and Land Development, Ministry of Land and Land Development.

‘Govijana Mandiraya’

80/5, Rajamalwatte Avenue, Battaramulla.

1A. M.K.D.S. Gunawardena, Minister of Land and Land Development, Ministry of Land and Land Development.

‘Govijana Mandiraya’

80/5, Rajamalwatte Avenue, Battaramulla.

1B. Hon. John Amarathunga, Minister of Land and Land Development, Ministry of Land and Land Development.

‘Govijana Mandiraya’

80/5, Rajamalwatte Avenue, Battaramulla. 2. Secretary, Ministry of Local Government and Provincial Councils, N. 330, Union Place.

Colombo 02. , 3. Divisional Secretary, Divisional Secretariate, Pitabeddara.

4. Mrs. Irena Nanayakkara, Director (Land Acquisition), Ministry of Land and Land Development, ‘Govijana Mandiraya’

80/5, Rajamalwatte Avenue, Battaramulla.

5. Commissioner of Land, Provincial Land Ministry, Southern Provincial Council, Fort, Galle.

6. Ranasinghe Arachchige Prasad, Pitabeddara, 7. Ranasinghe Archchige Piyadasa alias Ranasinghe Arachchige Gunasoma Piyadasa, ‘Ranasinghe’ Tennahaena, Pitabeddara.

8. Ranasinghe Arachchige Ariyadasa.

‘Ranagiri’, Tennehaena, Pitabeddara.

RESPONDENTS Before: M. T. MOHAMMED LAFFAR, J. and K. K. A. V. SWARNADHIPATHI, J.

Counsel: Pulasthi Hewamanne with Harini Jayawardhena instructed by Sanjeewa Kaluarachchi for the Petitioner.

Ravindra Pathiranage, DSG for the 1st to 5th Respondents.

Rohan Sahabandu, PC for the 6th Respondent.

Upul Kumarapperum for the 7th and 8th Respondents.

Written Submissions on: 30.09.2019 (by the Petitioner).

28.06.2019 (by the 1st to 5th and the 7th to 8th Respondents).

Decided on: 14.07.2021.

MOHAMMED LAFFAR, J.

The Petitioner in this application has invoked the supervisory writ jurisdiction of this Court under Article 140 of the Constitution seeking a writ of certiorari to quash the declaration marked P10 made by the 1st Respondent under section 5 of the Land Acquisition Act, No. 09 of 1950 (hereinafter referred to as the “Act”).

When this matter was taken up for argument on 24.02.2021, all learned Counsel moved that the judgment be delivered on the written submissions that have already been tendered on behalf of the respective parties.

According to the amended petition dated 03.12.2013, the Petitioner is the owner of the land called Kettiganaelawahena alias Seeduwa Watte alias Malpudanahena situated at Pitabeddara in Matara District in extent of 13 Acres 1 Rood and 5 Perches by virtue of Deed of Transfer No. 482 dated 26.06.1997 attested by A. Keerthiratne, Notary Public (vide P1).

The Petitioner states that the 3^rd Respondent acting under section 2 of the Act had issued a notice dated 17.01.2012 authorising the Superintendent of Surveyor of Matara to enter the Petitioner’s land to carry out a survey and demarcate 33.25 Perches from the land to be acquired for a Public Purpose. The notice and the Survey Plan have been marked as P2 and P3, respectively.

Thereafter, the 4^th Respondent by a Gazette Notification dated 11.07.2012 published another notice under Section 4 of the Act stating that a portion of the Petitioner’s land depicted in the said Plan P3 is to be acquired for a Public Purpose and inform the public to tender objections, if any, to the 3rd Respondent on or before 06.08.2102. This notice has been marked as P4 by the Petitioner.

In response to the said notice P4, the Petitioner tendered her objections to the 2^nd Respondent by a letter dated 04.07.2012 (marked as P5). Accordingly, the Petitioner had been requested to attend for an inquiry by the 2nd Respondent on 20.11.2012 at Pitabeddara Divisional Secretariate Office.

At the said inquiry, although