IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under Article 126 read with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Madappuliarachchige Oliver Gregory Ernest Fernando No. 38/5, Peiris Mawatha, Idama, Moratuwa.

Petitioner SC/FR/Application No. 278/2021 Vs.

1. Municipal Council of Moratuwa Old Galle Road, Moratuwa.

2. Wannakuwattawaduge Samanlal Fernando Mayor of Municipal Council of Moratuwa Old Galle Road, Moratuwa.

3. S.D. Thevarapperuma Municipal Commissioner Municipal Council of Moratuwa, Old Galle Road, Moratuwa.

4. Warnakulasuriya Arachchige Dona Damayanthi No. 54/1, Weda Mawatha, Gorakana, Keselwatta, Panadura.

5. Honourable Attorney General Attorney General’s Department, Colombo 12. Respondents Before: Jayantha Jayasuriya, PC, Chief Justice Yasantha Kodagoda, PC, J.

Janak De Silva, J Counsel: The Petitioner appeared in person.

Mr. Ruwantha Coorey with Mr. Naamiq Nafath for the 1st to

3rd Respondents.

Mr. G. Ananda Silva for the 4th Respondent.

Deputy Solicitor General Mrs. Ganga Wakishta Arachchi for the 5th Respondent.

Argued on: 16th January 2024 and 27th June 2024 Written Submissions: For the Petitioner on 14th August 2023 and 05th August 2024.

For the 1st to 3rd Respondents on 31st August 2023 and 9th August 2024.

For the 5th Respondent on 13th October 2023.

Decided on: 27th November 2024 Yasantha Kodagoda, PC, J.

Introduction

1) This judgment relates to an Application filed under and in terms of Article 126 read with Article 17 of the Constitution. On 12th January 2022, when this matter was supported, the Court has granted leave to proceed in respect of alleged violation of the fundamental right of the Petitioner guaranteed by Article 12 of the Constitution.

Case for the Petitioner

2) On 4th April 2016, the Petitioner claims to have entered into a ‘Conditional Agreement’

(No. 937 attested by Notary Public Muditha Bamunusinghe – “X9”) with the 4th Respondent – W.A. Dona Damayanthi (hereinafter referred to as ‘4th Respondent - Damayanthi’) for the purchase of a land on which a house was situated. The land comprised of two adjacent blocks of land bearing No. 30 (in extent perches 4.50) depicted in Plan No. 515A prepared by Licensed Surveyor S. Liyanage and No. 02 (in extent perches 2.97) depicted in Plan No. 2497 prepared by Licensed Surveyor W.P.M.P.L. De Silva. As consideration the Petitioner had paid a sum of Rs. 2,400,000/= to the 4th Respondent. Founded upon this agreement, the Petitioner had gained possession of both blocks of land and the house situated thereon. In terms of this agreement, the 4th Respondent undertook to make available to the Petitioner ‘the Bimsaviya title registration certificates’ relating to the two blocks of land. This undertaking was to have been complied with within three months of entering into the agreement. In which event, the Petitioner undertook to make a further payment of Rs. 400,000/= being the remaining amount of the full consideration for the purchase of the land.

3) This land (the two adjacent blocks) is situated in a housing estate named “Bolgoda-

Siripura Janawasaya” in the general area known as the Idama in the town of Moratuwa. The Bolgoda-Siripura Janawasaya is situated in close proximity to the premises of the 1st Respondent (hereinafter sometimes referred to as ‘the 1st Respondent - municipality’), between the said municipality and the Bolgoda Lake. Consequent to entering into this agreement, the Petitioner along with his wife had gone into occupation of the house situated on the land, the address of which being No. 38/5, Peiris Mawatha, Idama, Moratuwa.

4) It is not in dispute that the afore-mentioned two blocks of land are depicted as Lots

269 and 270 in the cadastral map No. 520206 Zone 4 sheet 1 prepared by the Surveyor General. Though the 4th Respondent – Damayanthi had inherited the land from her

father and possessed the two blocks of land (without any title to it), according to Gazette Notifi