IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Writs of Certiorari, Mandamus and Prohibition under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

01. Aitken Spence PLC, No.315, Vauxhall Street, Colombo 02.

02. Aitken Spence Hotel Managements (Pvt)

Ltd., No.315, Vauxhall Street, Colombo 02.

CA (Writ) application No: 577/23 PETITIONERS -Vs-

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

02. Nilantha Wijesinghe, Chairman, Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

03. Harishke Samaranayake, Executive Director, Land Reform Commission, No. 475, Kaduwela Road, Battaramulla.

04. Liyanage Pathmasiri, Director General, Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

05. Ms.Kusum Herath, Board Secretary, Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

06. Ms. P. Malathi, Board Member, Land Reform Commission, Director General of Agriculture -

Department of Agriculture, P.O. Box 01, Peradeniya.

07. K.D. Bandula Jayasinghe, Board Member, Land Reform Commission, Commissioner General-Land Commissioner General's Department, "Mihikatha Medura", Land Secretariat, No.1200/6, Rajanalwatta Road, Battaramulla.

08. A.H.M.L. Aberatna, Board Member, Land Reform Commission, Commissioner General - Department of Agrarian Development, No.42, Sir Marcus Fernando Mawatha, P.O. Box 537, Colombo 07.

09. Ms.S.A. Batagoda, Board Member, Land Reform Commission, Additional Director General (Acting)

Department of National Budget, Ministry of Finance, Room No.231, 2nd Floor, The Secretariat, Colombo 01.

10. K.S. Wijayakeerthi, Board Member, Land Reform Commission, Senior Assistant Secretary Ministry of Plantation, 11^th Floor, Sethsiripaya 2^nd Stage, Battaramulla.

11. Ms. D.K. Wijesinghe, Board Member, Land Reform Commission, Additional Director General - Ministry of Finance, Economic Stabilization and National Policies, Ministry of Finance, The Secretariat, Colombo 01.

12. Pandukabaya Harsha Keerthinanda, Board Member, Land Reform Commission, No.475, Kaduwela Road, Battaramulla.

13. Suriyakumary Devasenapathy, No.37, Lady Manning Drive, Batticaloa.

By her Power of Attorney, Anandam Devasenapathy, No.37, Lady Manning Drive, Batticaloa.

14. Suriyakumaran Devasenapathy, No.37, Lady Manning Drive, Batticaloa.

By his Power of Attorney, Anandam Devasenapathy, No.37, Lady Manning Drive, Batticaloa.

15. Liyanaarachchi Ashoka Priyantha Jayawardena, No.26/1, Kalagedihena Road, Veyangoda.

16. Karuppaiah Selvanayagam, No.6, Arunagiri Lane, Batticaloa.

17. Selvanayagam Sathiyendra, No.2A, Huludagoda Lane, Mount Lavinia.

18. Susaimuthu Rekri Brinthakumar or Brintha, No.112, Trincomalee Road, Batticaloa.

19. Yogarasa Arun, No.246/75, Hospital Road, Batticaloa.

20. The Hon. Attorney General, Attorney General's Department, Colombo 12.

RESPONDENTS Before: S. U. B. Karalliyadde, J.

Mayadunne Corea, J.

Counsel: S. A. Parathalingam, PC with N. R. Sivendran and Nishkan Parathalingam for the Petitioners.

Supported on: 17.10.2023 Order delivered on: 19.01.2024 S. U. B. Karalliyadde, J.

This Order is on the issuance of notices of this Writ Application to the Respondents. The Court heard the learned President’s Counsel in support of the Application. The facts of the Application briefly as follows; the Petitioners are Companies duly incorporated under the Companies Act, No. 7 of 2007. By the Deeds of Transfer No. 660 dated 04.04.1995, No. 526 dated 11.04.1995 and No. 31 dated 01.11.2010 (marked P3A - P3C respectively), the Petitioners became the owners of land in the extent of 113 Acres, 1 Rood and 1 Perch. The said Deeds were duly registered under Folio No.

C/39/150 in the Trincomalee Land Registry (P5). Since purchasing the land, the Petitioners have been in possession and control of the land by cultivating various crops in some portions of the land. The Petitioners hired security officers to guard the premises and placed display boards in and around the land to s