IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA A.M. Sanjaya Nayanaka Darshana, “Riverside” Restaurant, Daragala, Welimada.

Petitioner SC/FR/38/2018 Vs

1. J.J. Chamila Indika Jayasinghe, 1A. M.M.K. Pushpakanthi, 1B. Suvineetha Gunasekara, Divisional Secretary, Uvaparanagama, Divisional Secretariat, Lunuwatta.

2. R.P.R. Rajapaksha, 2A. R.M.C.M. Herath, G.D. Keerthi Gamage, Land Commissioner General, Land Commissioner General’s Department, “Mihikatha Madura”, No. 1200/6, Rajamal Waththa Road, Battaramulla.

3. Hon. Attorney General, Attorney General’s Department, Colombo 12. Respondents Before: S. Thurairaja, P.C., J.

E.A.G.R. Amarasekera, J.

Mahinda Samayawardhena, J.

Counsel: Uditha Egalahewa, P.C., with Vishva Vimukthi for the Petitioner.

Rajiv Goonetilleke, D.S.G., for the Respondents.

Argued on: 10.01.2023 Written submissions:

by the Petitioner on 02.07.2019 and 31.01.2023.

by the Respondents on 16.06.2021 and 15.02.2023.

Decided on: 28.06.2023 Samayawardhena, J.

The Petitioner was issued the Annual Permit (P8) under the State Lands Ordinance by the 1^st Respondent Divisional Secretary of Uvaparanagama on 12.02.2013. The endorsements on this Permit show that the validity period of it has been extended on yearly basis for the years 2014, 2015 and 2016 ending on 31st of December each year. The Permit is for a portion of Lot 4 in extent of 10 perches in Final Village Plan No. 196 made by the Surveyor-General marked P1(a). The Petitioner has shaded on P1(a) the area he occupies, which is located immediately adjacent to the Doolgolle Oya. This is also made clear by Plan marked P11, another recent Plan prepared by the Surveyor-General. It may be observed that although the Annual Permit is for 10 perches, according to P11, the Petitioner is in occupation of a land in extent of 20 perches. The Petitioner has constructed a building on the Permit land and has been carrying on a business by the name of Riverside Restaurant. A liquor licence has also been obtained to the premises.

In 2016, he requested from the Divisional Secretary a long-term lease for this land instead of a yearly Permit. The Divisional Secretary has not flatly refused this request. As a prerequisite to the issuance of a long-term lease, the Divisional Secretary has taken steps to have a survey done through the Surveyor-General to ascertain whether the land falls within reservations of Doolgolle Oya and Road (vide R2). By R3 the Surveyor- General has informed the Divisional Secretary that, according to the List of the Lands (which appears to be a reference to the Tenement List), Lot 4 has been reserved for Doolgolle Oya and therefore new survey is unnecessary. It may be recalled that the Petitioner’s Permit is in respect of part of Lot 4 in the Final Village Plan 196. The Tenement List marked P1(b) attached to the Final Village Plan 196 inter alia states that Lot 4 is “Reservation for Doolgolle Oya”. According to P1(b), this remark has been made as far back as 1928, when the Plan was originally prepared. Hence the Divisional Secretary has informed the Petitioner by P13 dated 07.12.2017 that the Annual Permit cannot be renewed. He has further informed the Petitioner that steps have also been taken under the State Lands (Recovery of Possession) Act to recover possession of the adjoining lands. The Notice to Quit dated 12.01.2018 marked P15 has been issued to the Petitioner under the State Lands (Recovery of Possession) Act.

Without defending the action in the Magistrate’s Court in terms of the State Lands (Recovery of Possession) Act if a case is filed against him or without invoking the writ jurisdiction of the Court of Appeal against the decisions of the Divisional Secretary as the law provides, the Petitioner filed this application on 24.01.2018 seeking declarations that his fundamental rights guaranteed under Articles 12(1), 12(2) and 14(1)(g) of the Constitution have been violated by the 1^st to 5^th Respondents (whereas there are only three Respondents – the