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 in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Polommaruwa Munasinghe Gamage Isanka Jayaruwan, No. 1171, Galwawa, Baragama, Ambalantota.

CA/Writ/557/2023 PETITIONER Vs.

1. Ajith Rajapaksha, The Chairman, Ambalantota Regional Coordinating Committee, Pallerota, Mamadala, Ambalantota.

2. Regional Mining Engineer, Geological Survey and Mines Bureau, Hambantota Office, No. 13, Ridiyagama Road, Ambalantota.

3. Officer in Charge, Ambalantota Police Station, Ambalantota.

4. N. D. P. Ranasinghe, Divisional Secretary of Ambalantota, Divisional Secretariat, Ambalantota.

5. Pubudu Sadaruwan Ramanayake, Agrarian Development, Assistant Commissioner, Department of Agrarian Development, District Office Hambantota.

6. N. P. K. Ranaweera Director General Urban Development Authority

6th, 7th and 9th Floors, Sethsiripaya, Battaramulla.

7. Anura Madhewela, Director (Southern Province), Urban Development Authority, Hambantota District Office, Magam Ruhunupura Administrative Complex, Hambantota.

8. M. M. J. P. Ajith Prema, Director General, Geological Survey and Mines Bureau No. 569, Epitamulla Road, Pitakotte.

9. Ajith Gunasekera, Director General Irrigation Department Bauddhaloka Mawatha, Colombo 07.

10. Hemantha Jayasinghe, Director General, Central Environmental Authority, No. 104, Denzil Kobbekaduwa Mawatha, Battaramulla.

11. Susantha Wedage Director - Southern Province Central Environmental Authority, Koggala, Habaraduwa.

12. Buddhi Nagodawithana Regional Assistant Director, Regional Office Archaeology, Magam Ruhunupura Administrative Complex, Hambantota.

13. Pradeepa Serasinghe, Director General, Department of Archaeology, Sir. Marcus Fernando Mawatha, Colombo 07.

RESPONDENTS Before: S.U.B. Karalliyadde, J Mayadunne Corea, J Counsel: Sandamal Rajapaksha for the Petitioner Chaya Sri Nammuni, DSG for the Respondents Supported on: 13.03.2024 Delivered on: 10.05.2024 Mayadunne Corea J The Petitioner filed this action seeking for Writs of Certiorari, Prohibition and Mandamus against 13 Respondents. The facts of the case in brief are as follows. The Petitioner had obtained a lease for the land depicted in the Schedule in P1 for the purpose of excavating sand. Subsequently, he had prepared a plan depicting the said land consisting 2 Lots (P3). The Petitioner had sought permission to excavate sand from the said leased land. His complaint to this Court is, though he had obtained permission from several organisations, the Regional Coordinating Committee had refused to grant the said permission. Hence this Application for Writs of Certiorari, Prohibition and Mandamus.

The Learned Deputy Solicity General who appeared for the Respondents vehemently objected to the said Application and submitted that the Petitioner has failed to disclose all material facts before this Court and thereby suppressed material facts. Moreover, they took up objection on the basis that there is no refusal for the Petitioner’s project to be carried out by the Geological Survey and Mines Bureau (GS&MB), hence, the Writ of Mandamus has to fail and that the Petitioner has an alternate remedy, which he has failed to seek out before he has invoked the Writ jurisdiction of this Court and also all necessary parties are not before Court.

Petitioner’s case The Petitioner submits that he obtained the permission from the owner of the land which he leased for the purpose of carrying out a sand mining operation. It was further contended that he had obtained the permission of the Urban Development Authority (UDA), the Farmer’s Organization namely, Ihalagama Jansagama Govi Sanwidanaya, Agrarian Services Centre, Lunama, the Department of Archaeology, the Central Environmental Authority and the Agrarian Development Office Hambantota. He further submitted that he has also obtained the appr