D.N. Samarakoon, On 19.01.2024 learned counsel for all parties consented to continue submissions before me as Single Judge and for myself giving the order as such, J

Basically, the petitioner Union Industrial Washing (Private) Limited is asking for Secretary to the Ministry of Industries, to revoke his decision to cancel the state lease in favour of the petitioner, not by the 2^nd respondent himself, but by issuing a certiorari to quash that decision.

The following is the position of the petitioner taken up in the petition,

“THE BACKGROUND AND FACTUAL MATRIX

8. The Petitioner states that this application pertains to a Lease of State Land described in the Schedule to the said Lease Agreement, situated within the territorial jurisdiction of the Wennapuwa Divisional Secretary’s Division, in the Puttalam District.

9. The Petitioner’s washing plant was accepted by the State, the Petitioner was granted permission to enter the land situated in the Noorani Industrial Zone.

10. The Petitioner was actively involved in the production, manufacturing and export of garments and for such purposes, in keeping with the purpose for which the land was leased to the Petitioner in compliance with the Lease Agreement.

11. In keeping with its obligations, the Petitioner constructed an Apparel manufacturing factory and/ or Industrial Washing Plant on the said land within the one year of coming into possession thereof.

12. In light of the aforesaid circumstances, by letter dated 11.03.2016, the Petitioner sought the consent of the 6th Respondent (the Commissioner General of Lands), through the 4th Respondent (Divisional Secretariat of Wennappuwa) to sublease the land to the 8^th Respondent-Company.

A copy of the letter dated 11. 03.2016 sent by the Petitioner to the Commissioner General of Lands, is annexed herewith marked P2 and pleaded as part and parcel hereof.

13. However, owing to the economic climate prevailing in the country in the year 2013, the Petitioner was compelled to cease operations of the business, notwithstanding which, the Petitioner continued to pay the lease rentals due under the said State Lease.

14. However, prior to the Petitioner sub-leasing the said land to the 8^th Respondent, it renovated the existing buildings, built new and additional portions to meet international standards to carry out a state-of-the art Washing Plant having incurred a cost of over Rs. One Hundred l and Fifty Million (Ra,50,000,000.00), The Petitioner verity believes that a building of this quality and magnitude would in all probability cost approximately Rs. Three Hundred Million (R. 300,000,000.00) in today’s context,

THE EXECUTION OF THE STATE LEASE IN FAVOUR OF THE, PETIEIONER

15. A State Lease bearing No, 4/10/21126 dated 7 April 2016 was entered into between the Petitioner and the State, under the Crown Lands Ordinance No, 8 of 1947 (as amended) for a period of fifty years (50) with effect from 7 April 2006, the date on which the petitioner originally came into possession of the said land, forming the subject matter of this application. As such, the duration of the lease of the land would be completed on 6 April 2056.

16. Thereafter, on an application by the Petitioner, by letter dated 18.11.2016 the Commissioner General of Lands informed the 4th Respondent that approval had been granted to the Petitioner to enter into a sublease of the subject land and by letter dated 21.11.2016, the 4^th Respondent informed the Petitioner of the same.

17. The Petitioner further states that by letter dated 23.11.2016 issued under the hand of the 5^th Respondent, the project to be carried out by the sub-lessee/8^th Respondent Company was also approved by the 1^st Respondent/ Minister of Industries.

18. Consequent to the execution of the sublease Agreement bearing No. 2771 dated .12,2016 between the Petitioner and the 8 Respondent- Company, the 8^th respondent Company came into possession of the land, for a period of five (05) years from 01.12.2016, and the said sublease Agreement came to