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 Writ of Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA Case No: WRIT-451/23 D.G. Srimathi Jayawardene, No. 97, 1st Lane, Nishshankamalla Place, New Town, Polonnaruwa.

Petitioner V.

1. Additional Registrar General, Registrar General’s Department North Western- North Central Zonal Office Wathhimi Road Kurunegala.

2. Registrar General Registrar General’s Department

234/A3, Denzil Kobbekaduwa Mawatha Battaramulla Sri Lanka

3. Hon.Dinesh Chandra Rupasinghe Gunawardaena Minister of Public Administration Home Affairs, Provincial Councils and Local Government Independence Square Colombo 07.

4. Mr. K.D.N. Ranjith Ashoka Secretary to the Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government Independence Square, Colombo 07

5. A. Jagath Dias Director General of Pensions Department of Pensions Maligawatta Colombo 10.

6. Hon. Attorney General Attorney General’s Department Colombo 12. Respondents Before : N. Bandula Karunarathna P/CA, J.

B. Sasi Mahendran, J.

Counsel: Ruvendra Weerasinghe for the Petitioner A.Weerakoon, SC for the Respondents Supported on: 07.05.2024 Written Submissions 22.05.2024 (by the Petitioner)

On: 29.05.2024 (by the 1st and 2nd Respondents)

Order On: 25.06.2024 B. Sasi Mahendran, J This order pertains to the decision on whether to issue notices.

The Petitioner, by a petition dated 07.08.2023, instituted this action, requesting that the Court direct the Registrar General to issue a death certificate of Henry Rupasinghe.

When the matter was presented on 07.05.2024, the Court permitted both parties to submit their written submissions on or before 30.05.2024. The facts of this matter very briefly are as follows, The Petitioner asserts that around the year 2004, her husband, Henry Rupasinghe, disappeared and has not been found for nearly 20 years. At the time of his disappearance, her husband was employed as a clerk at the Mount Lavinia Magistrate Court.

After a decade, the Petitioner approached the Registrar General’s Department to obtain a death certificate due to the prolonged disappearance of her husband. However, she received a letter dated 26.03.2019, informing her that a court order was necessary to issue the death certificate, as there was insufficient evidence to do so under Act No. 16 of 2016. Thereafter, the Petitioner instituted an action in the District Court to secure a death certificate. Nevertheless, the Learned District Judge of Polonnaruwa dismissed her petition, citing incorrect procedure and an erroneous jurisdiction for instituting the action. The Learned District Judge advised the Petitioner to file the action in the appropriate court. Instead of following this advice, she approached this Court to seek a Writ of Mandamus.

In her written submissions, the Petitioner has cited Section 2(1) of the Registration of Deaths (Temporary Provisions) Act No. 17 of 2005, claiming a right to a death certificate from the Registrar General.

Section 2 (1) of the Act is as follows;

“Where any person is reported missing and he has not been heard of for a period exceeding one year by those who would naturally have heard of him had he been alive and his disappearance is attributable to any terrorist or subversive activity or civil commotion which has been taking place within Sri Lanka, a next of kin of such person if he verily believes such person to be dead, may apply in the manner hereinafter provided, to register the death of such person under the Births and Deaths Registration Act ( Chapter 110)

and to have issued to him, a Certificate of Death in respect of such person.”

The question before the Court is whether the Petitioner can apply to register the death of Henry Rupasinghe, who has gone missing, under this Act.

This special Act defines the criteria necessary to register the death of individuals wh