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

1. Lakshman Nanayakkara, No. 23/2/A, Raja Mawatha, Rathmalana.

PETITIONER CA No. CA/Writ/0444/2020 v.

1. Land Reform Commission, No. 475, Kaduwela Road, Baththaramulla.

2. The Chairman, No. 475, Kaduwela Road, Baththaramulla.

RESPONDENTS And Between

1. Vocational Training Authority of Sri Lanka, 354/2, 4^th Floor, Nipunatha Piyasa, Elvitigala Mawtha, Narahenpita, Colombo 05.

2. The Chairman, 354/2, 4th Floor, Nipunatha Piyasa, Elvitigala Mawtha, Narahenpita, Colombo 05.

INTERVENIENT PETITIONERS BEFORE : M. Sampath K. B. Wijeratne J. &

Wickum A. Kaluarachchi J.

COUNSEL : N. Kahawita, SC and A. Weerakoon, SC for the Intervenient-Petitioners.

Maheesha Dushyanthi for the Petitioner.

Harishke Samaranayake for the 1^st and 2^nd Respondents.

DECIDED ON : 28.06.2023 M. Sampath K. B. Wijeratne J.

Introduction This is an application by the Petitioner seeking inter-alia, writs of mandamus directing the Respondents to issue a deed of exchange to the Petitioner, to take necessary legal action and to duly implement the provisions contained in Section 14 of the Land Reform Commission Act No. 1 of 1972.

Factual background The Petitioner is one of the sons of Charles Nanayakkara who owned lands approximately in the extent of 1622 Acres (‘P 1’). These lands were vested in the Land Reform Commission (hereinafter referred to as the ‘LRC’) by operation of Land Reform Commission Law No.1 of 1972. Subsequently, the Petitioner made a request to the 1^st and 2^nd Respondents to release the lands in favour of the seven children of the late Charles Nanayakkara, in terms of Section 14 of the LRC Act. The Respondents acceded to the request and agreed to transfer lands containing an extent of 125 Acres among the said children. According to the Petitioner, the Respondents inter alia decided to exchange the land called Gallindawatta in Galle in an extent of 3 Acres in favour of the Petitioner in lieu of the land called Athhondagala Nindagama which was vested in the LRC from Charles Nanayakkara. The Petitioner was informed to pay the difference in the value of the two lands and to produce a survey plan. Thereafter, the Petitioner paid the relevant charges for the land valuation (‘P 10’). Consequently, the Petitioner had been asked to prepare a deed of exchange in favour of the Petitioner and accordingly, the Petitioner handed over the draft deed to be signed by the Respondents. But the Respondents failed to hand over the signed deeds back to the Petitioner and the Petitioner made inquiries from the Respondents regarding the delay (‘P11’ and ‘P 12’). Upon the failure of the Respondents, the Petitioner instituted these proceedings against the LRC and its Chairman seeking writs of mandamus compelling the issuance of the deed of exchange in favour of the Petitioner and other consequential reliefs.

The Intervenient Petitioners, the Vocational Training Authority of Sri Lanka (hereinafter referred to as the ‘VTASL’) and its Chairman made an application on 19^th January 2023 seeking to intervene in the instant application.

The 1^st and 2^nd Respondents, LRC, and its Chairman filed their objections on 9^th February 2023 with regard to the Petitioner’s application and disclosed that the land named Gallindawatta was alienated to the VTASL on a decision taken in or around 19^th August 2010 and upon payment of all dues, an extent of 13A. 03 R. 39.7 P. was alienated with the VTASL. However, the Respondents admit that no deed was executed in favour of VTASL.

Accordingly, the Respondents submitted that the land called Gallindawatta has already been alienated to VTASL in 2010 and therefore, cannot alienate again to the Petitioner.

Nevertheless, the Respondents admitted that a deed of transfer was signed in favour of the Petitioner. Wh