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2025 Supreme(SRI)(CA) 718
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a Mandate in the nature of Writ of Mandamus under Article 140 of the Constitution.
Ven. Thiniyawala Palitha Thero, Viharadhipathi, Nugegoda Nalandaramaya, No. 29/160, D.M. Colambage Road, Colombo 05. PETITIONER CA Writ Application No: 604/2024 Vs.
1. Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07.
2. Secretary, Ministry of Buddhasasana, Religious and Cultural Affairs, 8th Floor, Sethsiripaya, Battaramulla.
3. Commissioner General, Department of Buddhist Affairs, No.135, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
4. Secretary to the President, Presidential Secretariat, Colombo 01.
5. Secretary to the Prime Minister, OfÏce of the Prime Minister, No. 58, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
6. Human Rights Commission, No. 14, R. A. De Mel Mawatha, Colombo 03.
RESPONDENTS And now between Rev. Medagama Dhammananda Lekhakadhikari, Asgiriya Chapter of the Siam Nikkaya, Asgiriya Maha Viharaya, Kandy.
1st INTERVENIENT – PETITIONER Ven. Pahamune Sumangala Nayaka Thero, The Chief Registrar of the Malwatta Chapter, Pahamune Temple, Malwatta Maha Viharaya, Kandy.
AND ALSO:
The Incumbent Viharadhipathi, Somawathie Raja Maha Viharaya, Polonnaruwa.
2nd INTERVENIENT – PETITIONER Vs.
Ven. Thiniyawala Palitha Thero Viharadhipathi, Nugegoda Nalandaramaya, No.29/160, D.M. Colambage Road, Colombo 05.
PETITIONER-RESPONDENT
11. Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07. 2. Secretary, Ministry of Buddhasasana, Religious and Cultural Affairs, 8th Floor, Sethsiripaya, Battaramulla.
33. Commissioner General, Department of Buddhist Affairs, No.135, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
44. Secretary to the President, Presidential Secretariat, Colombo 01.
55. Secretary to the Prime Minister, OfÏce of the Prime Minister, No.58, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
66. Human Rights Commission, No.14, R. A. De Mel Mawatha, Colombo 03.
RESPONDENTS-RESPONDENTS Before: Mayadunne Corea, J.
Mahen Gopallawa, J.
Counsel: Manohara de Silva, PC with Harithriya Kumarage and Kaveesha Gamage for
1st Intervenient-Pe Sanjeeva Jayawardena, PC with Rukshan Senadheera and Eranga Thilakarathne for 2nd Intervenient-Pe Ikram Mohamed, PC with Vinura Jayawardene and Harish Balakrishnan for the Petitioner-Respondent.
Manohara Jayasinghe, Deputy Solicitor General with Shemanthi Dunuwille for 1st to 6th Respondents.
Written Submissions: 1st Intervenient-Petitioner on 01.08.2025.
2nd Intervenient-Petitioner on 31.07.2025.
Petitioner-Respondent on 29.07.2025.
Inquiry on: 16.06.2025 and 01.08.2025 Decided on: 26.09.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for a Mandate in the nature of Writ of Mandamus under Article 140 of the Constitution.
Ven. Thiniyawala Palitha Thero, Viharadhipathi, Nugegoda Nalandaramaya, No. 29/160, D.M. Colambage Road, Colombo 05. PETITIONER CA Writ Application No: 604/2024 Vs.
1. Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07.
2. Secretary, Ministry of Buddhasasana, Religious and Cultural Affairs, 8th Floor, Sethsiripaya, Battaramulla.
3. Commissioner General, Department of Buddhist Affairs, No.135, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
4. Secretary to the President, Presidential Secretariat, Colombo 01.
5. Secretary to the Prime Minister, OfÏce of the Prime Minister, No. 58, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
6. Human Rights Commission, No. 14, R. A. De Mel Mawatha, Colombo 03.
RESPONDENTS And now between Rev. Medagama Dhammananda Lekhakadhikari, Asgiriya Chapter of the Siam Nikkaya, Asgiriya Maha Viharaya, Kandy.
1st INTERVENIENT – PETITIONER Ven. Pahamune Sumangala Nayaka Thero, The Chief Registrar of the Malwatta Chapter, Pahamune Temple, Malwatta Maha Viharaya, Kandy.
AND ALSO:
The Incumbent Viharadhipathi, Somawathie Raja Maha Viharaya, Polonnaruwa.
2nd INTERVENIENT – PETITIONER Vs.
Ven. Thiniyawala Palitha Thero Viharadhipathi, Nugegoda Nalandaramaya, No.29/160, D.M. Colambage Road, Colombo 05.
PETITIONER-RESPONDENT
11. Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07. 2. Secretary, Ministry of Buddhasasana, Religious and Cultural Affairs, 8th Floor, Sethsiripaya, Battaramulla.
33. Commissioner General, Department of Buddhist Affairs, No.135, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
44. Secretary to the President, Presidential Secretariat, Colombo 01.
55. Secretary to the Prime Minister, OfÏce of the Prime Minister, No.58, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
66. Human Rights Commission, No.14, R. A. De Mel Mawatha, Colombo 03.
RESPONDENTS-RESPONDENTS Before: Mayadunne Corea, J.
Mahen Gopallawa, J.
Counsel: Manohara de Silva, PC with Harithriya Kumarage and Kaveesha Gamage for
1st Intervenient-Pe Sanjeeva Jayawardena, PC with Rukshan Senadheera and Eranga Thilakarathne for 2nd Intervenient-Pe Ikram Mohamed, PC with Vinura Jayawardene and Harish Balakrishnan for the Petitioner-Respondent.
Manohara Jayasinghe, Deputy Solicitor General with Shemanthi Dunuwille for 1st to 6th Respondents.
Written Submissions: 1st Intervenient-Petitioner on 01.08.2025.
2nd Intervenient-Petitioner on 31.07.2025.
Petitioner-Respondent on 29.07.2025.
Inquiry on: 16.06.2025 and 01.08.2025 Decided on: 26.09.2025
Manohara de Silva, PC with Harithriya Kumarage and Kaveesha Gamage for 1st Intervenient-Petitioner.
Sanjeeva Jayawardena, PC with Rukshan Senadheera and Eranga Thilakarathne for 2nd Intervenient-Petitioner.
Ikram Mohamed, PC with Vinura Jayawardene and Harish Balakrishnan for the Petitioner-Respondent.
Manohara Jayasinghe, Deputy Solicitor General with Shemanthi Dunuwille for 1st to 6 th Respondents.
Mahen Gopallawa, J.
Introduction The 1st Intervenient-Petitioner is the Lekhakadhikari of the Asgiriya Chapter of the Mahaviharavanshika Shyiamopali Maha Nikaya (Siam Nikaya) and the 2nd Intervenient-Pe is the Chief Registrar (Pradhana Lekakadhikari) and a member of the Karaka Sangha Sabha of the Malwatta Chapter of the aforesaid Mahaviharavanshika Shyiamopali Maha Nikaya (Siyam Nikaya) (hereinafter collectively referred to as “the Intervenient-Petitioners”).
The Intervenient-Petitioners, by their intervention-petitions filed on 09.01.2025 and 10.01.2025 respectively, have sought to intervene in the instant application upon the basis that they and the Malwatta and Asgiriya Chapters of the Siam Nikaya they represent are directly affected by the relief sought by the Petitioner-Respondent (hereinafter referred to as “the Petitioner”) in the instant application. The Petitioner has objected to the intervention and filed his Statement of Objections on 19.03.2025.
When the applications for intervention were taken up for inquiry on 18.06.2025, Counsel representing all parties moved this Court to decide the issue of intervention on written submissions and the same was allowed. Order on intervention was reserved by Court on 01.08.2025, after granting parties an extension of time to file their written submissions.
Factual Background In order to consider the applications for intervention in their proper perspective, it would be necessary and useful to examine the factual background to the original application filed by the Petitioner and the circumstances relating to the intervention.
In the petition dated 24.09.2024, the Petitioner has described himself as the Chief Sanghanayaka of the Bentara Chapter of the Sri Jayewardenepura Kotte Sri Kalyani Samagri Dharma Maha Sangha Council (hereinafter referred to as “Kotte Sri Kalyani Samagri Dharma Maha Sangha Council”) and a member of the said Dharma Maha Sangha Sabhawa.,
In the aforementioned recommendations marked ‘P10’, the HRC has arrived at a finding that the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa has not received the same rights, privileges and benefits afforded to the Malwatu and Asgiri Sangha Sabha of the Siam Nikaya, and the other Nikaya Sects (Nikaya Mulasthana), and, thereby, the fundamental rights of the Petitioner guaranteed under Article 12(1) of the Constitution have been infringed. Accordingly, the Commission recommended that the Respondents should take action as follows;
(a) to consult the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa in all matters where the opinions of the Malwatu and Asgiri Chapters of the Siam Nikaya are obtained;
(b) to provide representation to the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa alongside other main Sangha Sabhas in appointing the Buddhasasana Advisory Council;
(c) to provide suitable seating arrangements for the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa similar to Malwatu and Asgiri Chapters;
(d) to provide same level of State patronage to Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa in ordainment and funeral ceremonies of Mahanayakes as provided to other Sangha Sabhas;
(e) to provide financial assistance to the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa similar to the financial assistance provided for other Nikaya Sects (Nikaya Mulasthana) recognized by the State; and
(f) to provide the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabhawa with same privileges in making nominations to foreign tours and to provide other facilities as other Sangha Sabhas.,
