IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA W.M. Dhanapala Menike, Galkorutuwa, Udahavupe, Kahawatte.

Petitioner SC APPEAL NO: SC/APPEAL/166/2017 SC LA NO: SC/SPL/LA/258/2016 CA NO: CA/WRIT/26/2014 Vs.

1. Dayananda Colombage, Divisional Secretary, Divisional Secretariat, Kahawatte.

1A. Gayani I. Karunarathna, Divisional Secretary, Divisional Secretariat, Kahawatte.

2. R.P.R. Rajapakse, Commissioner General of Land, Land Commissioner General’s Department, No. 1200/6, Rajamalwatta Road, Battaramulla.

3. P. Wasantha, Assistant Land Commissioner, Land Commissioner General’s Department, No. 1200/6, Rajamalwatta Road, Battaramulla.

4. Provincial Commissioner General of Land, Sabaragamuwa Province, Office of Provincial Commissioner of Land, Provincial Council Building, New Town, Ratnapura.

5. Ven. Palmadulla Dhammagaweshi Thero, Athugalkanda Aaranya Senanasanaya, Lellopitiya Wehera, Godakawela.

6. Wellakkutti Mudiyanselage Wasantha Kumara, Welihindawatte, Indiketiya Road, Pelmadulla.

7. Registrar of Lands, Land Registry, Ratnapura.

Respondents AND BETWEEN W. M. Dhanapala Menike, Galkorutuwa, Udahavupe, Kahawatte.

Petitioner-Appellant Vs.

1. Dayananda Colombage, Divisional Secretary, Divisional Secretariat, Kahawatte.

1A. Gayani I. Karunarathna, Divisional Secretary, Divisional Secretariat, Kahawatte.

2. R. P. R. Rajapakse, Commissioner General of Land, Land Commissioner General’s Department, No. 1200/6, Rajamalwatta Road, Battaramulla.

3. P. Wasantha, Assistant Land Commissioner, Land Commissioner General’s Department, No. 1200/6, Rajamalwatta Road, Battaramulla.

4. Provincial Commissioner General of Land, Sabaragamuwa Province, Office of Provincial Commissioner of Land, Provincial Council Building, New Town, Ratnapura.

5. Ven. Palmadulla Dhammagaweshi Thero, Athugalkanda Aaranya Senanasanaya, Lellopitiya Wehera, Godakawela.

6. Wellakkutti Mudiyanselage Wasantha Kumara, Welihindawatte, Indiketiya Road, Pelmadulla.

7. Registrar of Lands, Land Registry, Ratnapura.

Respondent-Respondents Before: Buwaneka Aluwihare, P.C., J.

Kumudini Wickremasinghe, J. Mahinda Samayawardhena, J.

Counsel: Ranjan Suwandaratne, P.C., with Dulna de Alwis for the Petitioner-Appellant.

Manohara Jayasinghe, D.S.G., for the 1st to 4th and 7th Respondent-Respondents.

H. Withanachchi with Shantha Karunadhara and Pasindu Widyananda for the 6th Respondent-Respondent.

Argued on: 16.01.2023 Written Submissions:

By the Petitioner-Appellant on 20.01.2021 By the 1st to 4th and 7th Respondent-Respondents on

27.01.2023 By the 6th Respondent-Respondent on 15.02.2023 Decided on: 09.11.2023 Samayawardhena, J.

Background facts The father of the Petitioner-Appellant, namely Podi Bandara, was issued two grants in respect of two parcels of land in terms of the Land Development Ordinance, No. 19 of 1935, as amended. His wife predeceased him. They had five children. The first two are sons and the other three are daughters. The eldest son is the 5th Respondent. The second son, namely Wickramasekara Bandara, was not a party to this case. The Petitioner is the eldest daughter.

There is a difference between a “permit” and a “grant”.

In terms of section 2 of the Land Development Ordinance, land alienated by grant under the Land Development Ordinance is known as a “holding”. The “owner” means the owner of a holding whose title thereto is derived from a grant issued in terms of the Ordinance and includes a permit- holder who has paid all sums which he is required to pay under section 19(2) and has complied with all the other conditions specified in the permit.

Section 19(6)(b) enacts that the owner of a holding shall not dispose of such holding except with the prior approval of the Government Agent. However, section 19(7) recognises that the approval of the Divisional Secretary is not required when mortgaging such holding to some institutions including licensed commercial banks. According to section 46, a permit-holder cannot dispose of the land alienated to him on the permit without the wri