| I IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA n the matter of an Appeal from the Judgment of the Court of Appeal in C.A. Case No. 578/2007(writ) in terms of Article 128 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Maturata Plantation Limited Presently at, Browns Building 11th Floor, Dudley Senanayake Mawatha, Colombo 08. Petitioner S.C Appeal 130/2011 S.C. C.A. L.A. No. 55/2009 C.A. Writ Application No. 578/2007 Vs 1. Jeewan Kumarathunga, Minister of Lands and Land Development, Govijana Mandiraya, 80/05, Rajamalwatta Road, Battaramulla. 2. I.S. Samarakoon, Divisional Secretary, Divisional Secretariat, Athuruliya. Respondents 1 |
| M V 1 1 AND NOW BETWEEN aturata Plantation Limited Presently at Browns Building 11th Floor, Dudley Senanayake Mawatha, Colombo 08. Petitioner-Appellant s 1. Jeewan Kumarathunga, Minister of Land and Land Development 1st Respondent-Respondent A. John Amarathunga Minister of Land and Land Development A1. Harin Fernando Minister of Lands, Govijana Mandiraya, No. 80/05, Rajamalwatta Road, Battaramulla. Substituted 1st Respondent- Respondent 2. I.S. Samarakoon, Divisional Secretary, Divisional Secretariat, Athuruliya. 2nd Respondent-Respondent 2A. Thiththagalla Gamage 2 |
| B A D K 2 Sarath Kumara Divisional Secretary, Divisional Secretariat, Athuruliya. A1. Nirosha S. Gamage Divisional Secretary, Divisional Secretariat, Athuruliya. Substituted 2nd Respondent- Respondent efore : P. Padman Surasena, J. S. Thurairaja, PC, J. K. Priyantha Fernando, J. Counsel : Dr. Romesh de Silva, PC with Shanaka Cooray for the Petitioner- Appellant. R. Gooneratne, SC for the 2nd Respondent -Respondent. rgued on : 13.06.2024 ecided on : 15.10.2024 . PRIYANTHA FERNANDO, J 1. The Petitioner-Appellant (hereinafter referred to as the appellant) preferred the instant appeal to this Court seeking to have the Judgment of the Court of Appeal in allowing a divesting order dismissed, and to have a writ in the nature of a writ of certiorari issued in order to quash the said divesting 3 |
| F order on the basis that it is contrary to Section 39A of the Land Acquisition Act No. 09 of 1950. acts in brief 2. The appellant, Matuarata Plantations Limited states that, the is over 600 land in question called ‘Diddenipotha Estate’ hectares in extent. It has originally been owned by a private party and thereafter, had been vested with the Land Reform Commission in terms of Land Reform Law No. 01 of 1972. Subsequently, a portion of the said 600 hectares land had been acquired by the State by virtue of an order of the Minister of Land, published in Gazette (Extraordinary) dated 18.09.1974, made in terms of proviso (a) to section 38 of the Land Acquisition Act. Thereafter, the said land has been handed over to the Sri Lanka State Plantations Corporation (SLSPC) in the year 1982. 3. Consequently, in terms of section 2(2) of the Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act No. 23 of 1987, and as per Gazette No. 720/02 dated 22.06.1992 the appellant was incorporated to take over the functions and carry on the business of the SLSPC. 4. Thereafter, by letter dated 14.06.2007, which was a letter to the Plantation Ministry by the Divisional Secretariat (2nd Respondent) that was copied to the appellant, the appellant had been notified that, a divesting order has been made in the Gazette Extra Ordinary No. 1497/22 of 16.05.2007 in respect of 17 allotments of land in Didenipotha Estate, which constitutes a portion of 50 acres of the |
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