IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Orders in the nature of Writs of Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Bogawantalawa Tea Estates PLC, No. 153, Nawala Road, Narahenpita, Colombo 05 PETITIONER C.A. Case No. WRT/0377/21 Vs.

1. Sri Lanka State Plantations Corporation, No. 21, Miraneeya Street, Colombo 12.

2. Janatha Estates Development Board, 55/75, Vauxhall Lane, Colombo 12.

3. Hon. Dr. Ramesh Pathirana, (ceased to hold office)

Minister of Plantation Industries, 11th Floor, Sethsiripaya 2nd Stage, Battaramulla.

3A. Hon. Samantha Vidyaratne, Minister of Plantations and Community Infrastructure, 11^th Floor, Sethsiripaya 2^nd Stage, Battaramulla.

4. Land Reform Commission, No. 475, Kaduwela Road, Battaramulla.

5. N ilantha Wijesinghe, (ceased to hold office), Chairman, Land Reform commission, No. 475, Kaduwela Road, Battaramulla. 5A. R.K. Nihal, Chairman Land Reform commission, No. 475, Kaduwela Road, Battaramulla.

6. Hon. S.M. Chandrasena, (ceased to hold office), Minister of Lands, Ministry of Lands, “Mihikatha Medura” Land Secretariat, No. 1200/6, Rajamalwatta Road, Battaramulla.

6A. Hon. Kuragamage Don Lalkantha, Minister of Agriculture, Livestock Development, Land and Irrigation, Ministry of Lands, “Mihikatha Medura” Land Secretariat, No. 1200/6, Rajamalwatta Road, Battaramulla.

7. Hon. Mahindananda Aluthgamage, (ceased to hold office), Minister of Agriculture, Ministry of Agriculture, No. 80/5, Govijana Mandiraya, Rajamalwatta Lane, Battaramulla.

7A. Hon. Kuragamage Don Lalkantha, Minister of Agriculture, Livestock Development, Lands and Irrigation, No. 80/5, Govijana Mandiraya, Rajamalwatta Lane, Battaramulla.

8. Hon. Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS BEFORE : K.M.G.H. KULATUNGA, J COUNSEL : Sanjeewa Jayawardena, PC with Rukshan Senadeera, instructed by Amila Kumara, for the Intervenient-Petitioner.

Anuruddha Dharmaratne with N. Bandara and U.

Walgampaya, for the Petitioner-Respondent.

Pulina Jayasooriya, SC, for the 1st, 3rd, 6th, 7th, and 8th Respondents.

Rasika Dissanayake for the 2^nd Respondent.

Ruwantha Cooray, instructed by Tharaka Jayasekara, for the

4th and 5th Respondents.

SUPPORTED ON : 01.07.2025 DECIDED ON : 15.07.2025 ORDER ON INTERVENTION K.M.G.H. KULATUNGA, J

1. The substantive matter had been set for judgement when an application for intervention was made by the intervenient petitioner, Blackwater Tea (Pvt.) Ltd (hereinafter referred to as ‘the intervenient’). As such, the delivery of the judgement had been postponed and time granted for the respondent parties to file objections and the intervenient to file counter affidavits. Accordingly, objections and a counter affidavit have been filed, and the application for intervention was taken up for support on

01.07.2025.

2. The present application is preferred by the petitioner-respondent, Bogawantalawa Estates PLC (hereinafter referred to as ‘the petitioner’), is in respect of an issue arising out of lease agreements between the petitioner and the 3^rd respondent Land Reform Commission (LRC). The corpus is described in the Schedule to the Petition. The said land is a part of a larger land, owned by the 1^st respondent, SLSPC, as evident from the Schedule, the land in issue in the present application, is called and known as Bogawanakelle (also known as Aldie and formally known as Cannan Estate) and also the land called Bogawantalawa. The intervenient has no connection, right, title, or interest to the corpus of this writ application. The intervenient is said to be the owner of a land called Glencairn Upper Division, and claims to have purchased the said land from one Podi Manika. The said land originally had been LRC land then allotted to said Podi Manika. The intervenient has obtained title to the said land by a transfer deed, marked and produced as Y-3. It is common ground and the learned President