IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Special Leave to Appeal to the Supreme Court in terms of Article 128(2) of the Constitution from the Order of the Court of Appeal dated

27.06.2013.

S.C. Appeal No: 1. W.H.M. Gunaratne, 162/2013 251/1, Dharmapala Mawatha, Colombo 7. (Deceased)

SC (Spl) LA No: 2. Vishwa Jayawardena, 173/2013 251/1, Dharmapala Mawatha, Colombo 7. (Deceased)

C.A. Writ No: 427/2005 3. Udage Gayan Wijeypala, Allington Estate, D.C. Ratnapura No: Rambukkana.

9152/L 4. K. Karthigesan, Allington Estate, Rambukkana. PETITIONERS Vs.

1. Land Reform Commission, C 82, Gregory’s Road, Colombo 7.

2. Vidura Wikcramanayke, Chairman, Land Reform Commission, C 82, Gregory’s Road, Colombo 7.

RESPONDENTS AND BETWEEN

1. W.H.M. Gunaratne, 251/1, Dharmapala Mawatha, Colombo 7.

2. Vishwa Jayawardena, 251/1, Dharmapala Mawatha, Colombo 7.

3. K. Karthigesan, Allington Estate, Rambukkana PETITIONER-APPELLANTS Vs.

1. Land Reform Commission, C 82, Gregory’s Road, Colombo 7. (Previously) No. 475, Kaduwela Road, Battaramulla. (Now)

2. Vidura Wikcramanayke, Chairman, Land Reform Commission, C 82, Gregory’s Road, Colombo 7.

2A. T. A Sumanathissa Thambugala, Chairman, Land Reform Commission, C 82, Gregory’s Road, Colombo 7.

2B. Sampath Subasinghe Arachchi, Chairman, Land Reform Commission, C 82, Gregory’s Road, Colombo 7.

2C. Sirimewan Dias, Chairman, Land Reform Commission, No. 475, Kaduwela Road, Battaramulla.

2D. Nilantha Wijesinghe, Chairman, Land Reform Commission, No. 475, Kaduwela Road, Battaramulla.

RESPONDENT-RESPONDENTS Udage Gayan Wijeypala, Allington Estate, Rambukkana.

PETITIONER-RESPONDENT Before : P. Padman Surasena, C.J.

: Janak De Silva, J.

: Sampath B. Abayakoon, J.

Counsel : Ikram Mohamed, PC for Charitha Jayawickrema for Petitioner-Appellants instructed by Sanjeewa Kaluarachchi.

: Chathura Galhena with Ms. Sachini Handapangoda for 1st and 2nd Respondent-Respondents instructed by Rajapaksha.

Argued on : 22-05-2025 Written Submissions : 28-01-2014 (By the 1st Respondent-Respondent)

: 26-12-2013 (By the Petitioner-Appellants)

Decided on : 08-09-2025 Sampath B. Abayakoon, J.

The petitioner-appellants (hereinafter referred to as the appellants) initiated proceedings before the Court of Appeal seeking a Writ in the nature of a Writ of Certiorari in order to quash the notices to quit dated 13-01-2005, issued by the 2nd respondent-respondent on the appellants in terms of State Lands (Recovery of Possession) Act No. 07 of 1979 as amended.

The Court of Appeal of the judgment dated 27-06-2013 dismissed the said application with costs on the basis that it finds no merit in the application.

Being aggrieved of the said decision, the appellants preferred an application for Special Leave to Appeal, and having considered the said application, this Court granted Leave to Appeal on 18-11-2013 in respect of questions of law set out in paragraph 11 subparagraph (a) to (f) of the petition dated 08-07-

2013.

The said questions of law upon which Leave to Appeal was allowed read as follows, a. Did the Court of Appeal err in holding that the petitioner-petitioners were in unauthorized occupation of the said land when the 1st respondent-respondents had accepted the title of the 2nd petitioner- petitioners as a statutory lessee of 50 acres and co-owner of the balance.

b. Has the Court of Appeal erred by determining matters which were not in issue and taking into account irrelevant circumstances.

c. Did the Court of Appeal err in holding that a course could be had to the provisions of the State Lands (Recovery of Possessions) Act in instances where there is serious title dispute.

d. Did the Court of Appeal err in failing to take cognizance of the fact that there was no material of which the 2nd respondent-respondents could have formed the opinion that the corpus to which the notices relate is State land as contemplated by the State Land (Recovery of Possession) Act as such the notices were ultra vires the said act.

e.