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, Prohibition and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Gandari Punsisi Ramanayaka, No: 52 C Kadurupokuna Road, Tangalle.

CA (Writ) application No: 179/25

2. Abesing Ratnayaka Indra, No: 52 C Kadurupokuna Road, Tangalle.

PETITIONERS -Vs-

1. Eresha Liyanagama, Divisional Secretary, The Divisional Secretariat, Tangalle.

2. Kalyani Godakanda, The Zonal Director of Education, Zonal Education Office, Tangalle.

3. K.D. Lalkantha, Hon. Minister of Agriculture, Land, Livestock, Irrigation, Fisheries and Aquations Resources, The Ministry of Agriculture, Land, Livestock, Irrigation, Fisheries and Aquatic Resources of “Mihikatha Medura” No. 1200/6, Rajamalwatta Avenue, Battaramulla.

4. Mr. D. P. Wicramasinghe, Hon. Secretary to the Ministry of Agriculture, Land, Livestock, Irrigation, Fisheries and Aquatic Resources of “Mihikatha Medura”, No: 1200/6, Rajamalwatta Avenue, Battaramulla.

5. Channa Upali Weerasekera, The Director of Education, Southern Province of No. 52, Accountant's Bungalow, Kadurupokuna Road, Tangalle presently at “Shri Ramya” Kariyamadiththa, Thalawa. 6. Nilmini Priyadari Katuwanaarachchi, No: 52, Accountant's Bungalow, Kadurupokuna Road, Tangalle presently at “Shri Ramya” Kariyamadiththa, Thalawa.

7. Hon. Attorney General, The Attorney General's Department, Colombo 12.

8. Danusha De Ranawaka, Surveyor Superintendent [Public Relations], Surveyor General’s Office, No. 150, Bernard Soysa Mawatha, Colombo 05.

9. Dammika B. Hettiarachchi, Senior Surveyor Superintendent, the District Surveyor General’s Office, Hambantota.

10. Surveyor General, Surveyor General’s Office, No. 150, Bernard Soysa Mawatha, Colombo 05.

RESPONDENTS Before: S. U. B. Karalliyadde, J.

Counsel: Nagitha Wijesekera instructed by A. D. G. Rubasinghe for the Petitioners.

Panchali Witharana, SC for the Respondents.

Supported on: 26.03.2025 Order delivered on: 26.06.2025 S. U. B. Karalliyadde, J.

This Order pertains to the issuance of formal notices of this Writ Application on the Respondents. The Petitioners’ case in a nutshell is as follows. The 2^nd Petitioner purchased Lot A in the extent of 15.18 perches depicted in the Plan No. 430 (P4) by virtue of a deed of Transfer No. 530 dated 08.01.2000 marked as P3. Thereafter, keeping her life interest, by deed of Gift No. 1416 dated 03.12.2021 marked as P5, the 2^nd Petitioner gifted the said land to her daughter, the 1^st Petitioner. The Petitioners state that the 5^th and 6^th Respondents, along with a government surveyor, forcibly entered the land on 25.11.2021 and, notwithstanding the objections of the Petitioners, surveyed the land.

The Petitioners state that thereafter, on two occasions, the 5^th and 6^th Respondents forcibly entered the subject land and plucked coconuts. On 01.03.2022, the 5^th and 6^th Respondents, along with several police officers, entered and erected a barbed-wire fence along the western boundary of the subject land, preventing the access of the Petitioners and demolished a hut and a store room belonging to the Petitioners and started the forcible possession of the subject land. The Petitioners state that, prior to forcibly taking possession, the 1^st Respondent, by the letter dated 10.12.2021 marked as P7, informed the 2^nd Petitioner to participate in a survey of the land on 22.12.2021. Thereafter, by the letter dated 22.12.2021 marked as P8, the 2^nd Respondent informed the 2^nd Petitioner to remove all the unauthorised structures erected in the subject land before 27.12.2021. On 01.03.2022, the 2^nd Petitioner made a complaint to the Police (P9) against the forcible acts of the 5^th and 6^th Respondents. The Petitioners thereafter filed a Section 66 action under the Primary Courts’ Procedure Act, No. 44 of 1979, in the Tangalle Magistrate’s Court. The learned Magistrate, by his Order dated 31.