IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari and Mandamus under and in terms of article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka Case No. Writ Application No: 352/2018 R. S. Roland Genedius Karunarathne No 314, Havelock Road, Colombo 05. PETITIONER Vs.

Janatha Estate Development Board (JEDB) No. 55, Vauxhall Street, Colombo 02 and five others.

RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel:Upul Jayasuriya P.C. with Sandamal Rajapaksha for the petitioner.

Mr. Rasika Dissanayake and Mr. Dinusha Pathirana with Mr.

Shabeer Hazairfor the 01stand 02nd respondents.

Mr. Gihan Liyanage with Ms. Mahesika De Silva instructed by Mallawarachchi Associates for the 04th and 05th respondents.

06th Respondent absent and unrepresented.

Supported on:01.02.2024 Written submission tendered on: 13.02.2024 by the petitioner

09.02.2024 by 04th and 05th respondents Decided on:27.03.2024 D.N. Samarakoon, J The 06th respondent the Secretary Ministry of Lands and Parliamentary Reforms has informed that he will not be filing objections.

In deciding to issue formal notice and interim ordersthis Court on 11th August

2023 observed as follows “Aquilaria agollocha being the Botanical name, which is also known as Aquilaria malaccensis alias “Walla Patta”, or Agar Wood, is the plant which the petitioner prepared a 66 acre portion of “Mount Pearl Estate” at Mathugama to cultivate having taken a lease of the said land on Lease agreement No. 552 dated

23.02.2018, from the 01st respondent Janatha Estate Development Board.

The petitioner states that with great difficulty and proving the prospect of the proposed investment before the Seed Act Implementation Unit, the petitioner was able to obtain the Seed Handler Certificate as an Importer and Merchant of Agarwood Plants.

On 18.06.2018 he received a letter from the 04th respondent Land Reforms Commission, addressed to the 01^st respondent and copied to him to say that, the said land belongs to the LRC, requesting to cancel the above Lease agreement. [the 01st respondent is the Janatha Estate Development Board]

The petitioner states, that, on making inquiries he came to know that the land belonged to the LRC, which has transferred possession and management to JEDB on 01st March 1983 by agreement marked as P.10.

On 02.08.2018 a Quit notice under section 03 of State Lands (Recovery of Possession) Act No. 07 of 1979 had been affixed on the land by the LRC.

The 05th respondent being the Chairman, LRC, the 06th respondent is The Secretary, Ministry of Lands and Parliamentary Reforms. The 02nd respondent being the Chairman of JEDB, the 03rd respondent is the Secretary, Ministry of Public Enterprise Development and Kandy City Development.

The petitioner instituted this application on 12th November 2018.

Upon informing that there is no settlement, the learned President’s Counsel for the petitioner supported for notice and interim relief on 25th July 2023. Although parties were allowed to file Written Submissions, no Written Submissions have been received and the 06th respondent has filed a motion that it will not file Written Submissions. [Hence from the date of supporting on 25th July 2023 the 06th respondent has taken a stance that he is not filing any papers in this case]

This Court, on perusal of journal entries, finds, that, (01) From the very inception up to 14.10.2020 there were indications about a possible settlement, (02) On 14.10.2020, the 04th and 05th respondents (LRC) informing that they cannot maintain status quo any longer, upon suggestion by Court they agreed for the issuing of formal notice, (03) Hence already formal notice have been issued on the contesting respondents, (04) On that day the Court giving dates for objections and Counter Objections, fixed the matter for argument for 16.11.2020, (05) It was refixed, again and again, for argument up to 08.02.2023, on which date the 04th,