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 in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

WRIT Application No. 167/23 K.A. Gunawardene Udugulana Gileemale South Petitioner Vs.

1. I.R.M. Pradeepika D. Illukkumbura Divisional Secretary Divisional Secretariat Rathnapura.

2. Wasantha Gunarathne District Secretary District Secretariat Rathnapura.

3. G.D.L. Udaya Kumari Additional District Secretary District Secretariat Ratnapura

4. K.A. Prema Kaluarachci Nenasihagama Gileemale

5. K.A. Nandakumara Udugulana Gileemale South

6. K.M.A.J. Ranasinghe Provincial Land Commissioner Sabaragamuwa Province Department of Provincial Land Commissioner of Sabaragamuwa New Town Rathnapura.

7. Bandula Jayasinghe Land Commissioner General;

Department of Land Commissioner General Mihikatha Medura No. 1200/6 Rajamalwaththa Road Battaramulla.

Respondents Before : N. BandulaKarunarathna P/CA, J.

B. SasiMahendran, J.

Counsel: Yasas De Silva for Petitioner Avanthi Weerakoon, SC for the 1st-3rd, 6th and 7th Respondents Supported On: 08.07.2024 Written 12.08.2024(by the Petitioner)

Submissions: 12.08.2024 (by the 1^st, 2^nd, 3^rd, 6^th and 7^th Respondents)

On Order On: 06.09.2024 B. SasiMahendran, J This order pertaining whether the notice and interim order are to be issued to the Respondents.

The Petitioner instituted this action praying for the reliefs as prayed in the petition dated 29.03.2023.

a. Issue notices on the Respondents b. Grant and issue a mandate in the nature of a writ of certiorari quashing the decision contained in the letter dated 10.10.2022 issued by the 1^st Respondent above named, annexed herewith as X 6 c. Grant and issue a mandate in the nature of a writ of certiorari quashing the decision contained in the letter dated 16.01.2023 issued by the 1^st Respondent above named, annexed herewith as X 8-1 d. Grant and issue a mandate in the nature of a writ of Mandamus directing the 1^st and/or 2^nd Respondents to hold an inquiry afresh with regarding to the request made by the petitioner in relation to the succession as ser out in the letter dated

20.01.2022 marked as X 3 herewith.

e. Issue a Stay Order staying the operation of the letter dated 10.10.2022 issued by the 1^st Respondent above named, annexed herewith as X6 until the final determination of this case.

f. Issue Stay Order staying the operation of the letter dated 16.01.2023 issued by the 3^rd Respondent above named, annexed herewith as X 8-1 until the final determination of this case g. Grant cost h. Grant such other and further relief that your Lordships Court shall seem mee Facts of this case are as follows:

The Petitioner states that, a permit for Lot No.21B described in the land ledger No.199 had been issued to Petitioner’s father namely Kalu Arachchigei Obiyes Appuhamy. On the demise of the father, the Grant bearing No. 33236 dated 30.05.1996 had been issued to Petitioner’s mother namely Dimbulvitiyage Giraethana for the above said Lot 21B. According to the petition, by letter dated 20.02.2022 to the 1^st Respondent, the Petitioner has requested the succession for the said land. Since no action has been taken, by letter dated 06.07.2022, the Petitioner referred the issue to the 2^nd Respondent, who in response informed by letter dated 20.09.2022 that, the 4^th Respondent has objected to nominate the Petitioner as the successor and already informed the 1^st Respondent to inquire the matter by his letter dated 17.08.2022.

Further, according to the Petitioner, the 1^st Respondent had taken steps to subdivide the Lot 21B as Lot 21BA and Lot 21BB for the purpose of granting the said land to the 5^th Respondent and the Petitioner.

The Petitioner states that, thereafter, the 1^st Respondent conducted a field observation on 04.10.2022. Thereafter, the 1^st Respondent has issued a letter dated 10.10.2022 marked X6 which is challenged by the Petitioner. According t