IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal from the Judgment of the Court of Appeal dated 31/05/2016 under and in terms of Article 128 (2) of The Constitution.

S.C. Appeal No: 212/2017 The Ampara Multipurpose Co-

Operative Society Limited, S.C. (Spl.L.A.) Application No: D.S. Senanayake Veediya, 125/2016 Ampara.

PETITIONER C.A. Writ No: 2084/2004 Vs.

1. H.M. Herath Abeyweera, District Secretary, District Secretariat, Ampara.

2. B.M.M.M. Basnayake, Divisional Secretary, Divisional Secretariat, Ampara.

3. L.S.C. Siriwardene, No. 40, Samanbedda, Palm Kadavura, Uhana.

4. The Commissioner of Lands, Land Commissioner’s Department, Colombo.

5. Illan Gamage Piyadasa of D/675, Pandukabhaya Mawatha, Ampara.

5A. Madura Illan Gamage No. 28, Pandukabhaya Mawatha, Ampara.

6. Sunil Kannangara, District Secretary, District Secretariat, Ampara.

RESPONDENTS AND NOW BETWEEN The Ampara Multipurpose Co-

Operative Society Limited, D.S. Senanayake Veediya, Ampara.

PETITIONER-APPELLANT Vs.

1. H.M. Herath Abeyweera, District Secretary, District Secretariat, Ampara.

2. B.M.M.M. Basnayake, Divisional Secretary, Divisional Secretariat, Ampara.

3. L.S.C. Siriwardene, No. 40, Samanbedda, Palm Kadavura, Uhana.

4. The Commissioner of Lands, Land Commissioner’s Department, Colombo.

5. Illan Gamage Piyadasa of D/675, Pandukabhaya Mawatha, Ampara.

5A. Madura Illan Gamage No. 28, Pandukabhaya Mawatha, Ampara.

6. Sunil Kannangara, District Secretary, District Secretariat, Ampara.

RESPONDENT-RESPONDENTS Before : Kumudini Wickremasinghe, J.

: Menaka Wijesundera, J.

: Sampath B. Abayakoon, J.

Counsel : Ronald Perera, P.C. for the Petitioner-Appellant.

: Kuvera De Zoysa, P.C. with Pasindu Bandara for the 5A Respondent-Respondent.

: Ms. Yuresha De Silva, DSG for the 1^st to 4^th and 6^th Respondent-Respondents.

Argued on : 21-02-2025 Written Submissions : 16-11-2022 (By the 5A Respondent-Respondent)

: 26-09-2018 (By the Petitioner-Appellant)

: 21-06-2018 (By the 1^st to 4^th and 6^th Respondent-

Respondents)

Decided on : 28-05-2025 Sampath B. Abayakoon, J.

This is an appeal preferred by the petitioner-appellant (hereinafter referred to as the appellant) having obtained Special Leave to Appeal from this Court in order to challenge the judgment pronounced by the Court of Appeal in Writ Application No. CA/2084/2004 on 31-05-2016.

When this matter was supported for Special Leave to Appeal, this Court allowed the application on 07-11-2017, based on the questions of law set out in paragraphs 7(a), (b), (d), and (e) of the petition dated 08-07-2016.

The questions of law upon which Special Leave to Appeal was granted reads as follows;

a. The Court of Appeal misdirected itself and/or erred in law by failing to appreciate that the doctrine of Res Judicata does not apply to the instant case.

b. The Court of Appeal misdirected itself and/or erred in law by holding that the documents marked P-16 and P-17 to the petition of the petitioner are not amenable for the issuance of Writs of Certiorari.

d. The Court of Appeal has failed to properly evaluate the arguments presented on behalf of the petitioner such as the argument that the 2^nd respondent has surreptitiously granted the entire portion of 24 perches of the land in dispute to the 5^th respondent although the extent of the land claimed by the 5^th respondent is 17.6 perches under the purported permit relied on by the 5^th respondent; and e. The said judgment dated 31-05-2016 is contrary to law and material placed before the Court of Appeal and the Honourable Judge of the Court of Appeal has misdirected herself in law.

The Facts: -

The matters that led to the appeal preferred before this Court can be summarized in the following manner.

The appellant, Ampara Multipurpose Co-operative Society Limited, has instituted an application before the Court of Appeal seeking Writs in the nature of Certiorari as well as Mandamus seeking an order to quash an alleged decision made by the 3rd respondent mentioned in the application, and al