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, Prohibition and Mandamus under and in terms of Article 140 of the Constitution.

CA Writ Application No. Waligama Thuppahige Udara Priyantha, CA WRIT 39/2023 No. 16, Main Street, Kandapola.

Petitioner Vs.

1. A.A. Vidura Sampath Divisional Secretary, Nuwara-Eliya.

1A. D.A.P. Danansuriya Divisional Secretary, Nuwara-Eliya.

2. A.D. Ajantha Premalal Grama Niladari, 476/F, Magoda Grama Niladari Division, Nuwara Eliya.

3. Forest Glen Hotel & Spa (Pvt) Ltd.

Elk Plain, Black Pool, Nuwara Eliya.

4. Elk Plain Farm (Pvt) Ltd.

Elk Plain, Black Pool, Nuwara Eliya.

5. Tariq Quraishy Forest Glen Hotel & spa (Pvt) Ltd., Black Pool, Nuwara Eliya.

6. Ambalavanar Bahiradan, No.9/1, Upper Lake Road, Nuwara Eliya.

7. K.D. Bandula Jayasinghe Commissioner General of Lands, Land Commissioner General’s Department.

8. Hon. Harin Fernando Minister of Tourism and Lands, 9. Chulananda Perera Secretary to the Ministry of Tourism and Lands. All of;

"Mihikatha Medura"

Land Secretariat, No. 1200/6, Rajamalwatta Road, Battaramulla.

10. Hon. S.B. Dissanayake Madanwala, Hanguranketha.

11. Officer-in-Charge Police Station, Nuwara Eliya.

12. Director General Board of Investments of Sri Lanka, Level 24, West Tower, World Trade Centre, Colombo 01.

13. Registrar General of Companies No.400, D. R. Wijewardena Mawatha, Colombo 10.

14. Ms. W.M.N.D. Nisansala Chief Engineer, Ceylon Electricity Board, Nuwara Eliya.

15. Ceylon Electricity Board Ceylon Electricity Board Head Quarters, 3^rd Floor, No. 50, Sir Chittampalam A. Gardiner Mw, Colombo 2.

Respondents Before: N. Bandula Karunarathna J. (P/CA)

&

Wickum A. Kaluarachchi, J.

Counsel: Saliya Pieris PC with Thanuka Nandasiri AAL, Sarinda Jayawardena AAL, A. Wijewansha AAL for the Petitioner.

V. de Abrew, ASG, PC with A. Jayakody, SC for the 1^st – 3^rd, 7^th –

9^th, 11^th – 15^th Respondents.

Samhan Munzir, AAL instructed by N&S Associates for the 3^rd, 4^th and 5^th Respondents.

Written Submissions: By the petitioner – 16.01.2024 By the respondents – 17.01.2024 Supported on : 11.12.2023 Decided on : 25.03.2024 N. Bandula Karunarathna J. P/CA The Petitioner instituted the present action by Petition dated 24^th January 2023 before this Court inter alia seeking orders to quash the quit notice issued by the 1^st Respondent and interim orders principally to prevent the 3^rd and 4^th Respondents from making any payments due to the state in respect of the lease agreement pertaining to the subject matter and to extend the lease agreement which is in operation in favour of the 3^rd and 4^th Respondents. Thereafter, the Petitioner sought permission from this court to amend the Petition.

The amended petition dated 25^th October 2023 was filed before the court seeking to quash the purported subsequent quit notice issued by the 1^st Respondent, to stay the proceedings in the Magistrate Court filed by the 1^st Respondent under the State Land (Recovery of Possession) Act No. 7 of 1979 and sought additional interim order to prevent the newly added 14^th and 15^th Respondents from disconnecting the electricity supply. The 3^rd, 4^th, 5^th and 6^th Respondents filed their initial statement of objections on the 25^th of May 2023 and a subsequent statement of objections on the 31^st October 2023 in resistance of issuance of notice and interim orders sought by the Petitioners. The petitioner supported the application before this court on the 11^th December 2023 to stay the proceedings before the Nuwara Eliya Magistrate Court in the case bearing No. 5931.

Thereafter, this court delivered the order on 12.12.2023 refusing the petitioner’s application to stay the proceedings and judgment/order which was to be delivered on the 13^th of December 2023 in the Nuwara Eliya Magistrate Court case bearing No. 5931. The present writ application was supported before this Court on 11.12.2023. Subsequently delivering the order on the interim relief prayed for by t