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2025 Supreme(SRI)(CA) 796

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dhammika Ganepola, Adithya Patabendige, JJ
Kumastheru Liyange Sumudu Chinthaka – Appellant
Versus
Bandula Jayasinghe Commissioner General of Lands, Land Commissioner General’s Department – Respondent


Advocates:
Gamini Hettiarachchi for the Petitioner.
Sandamal Rajapaksha for the 5th Respondent.
Dilantha Sampath, S.C. for the 1st to 3rd Respondents.

Adithya Patabendige, J.

The Petitioner has invoked the jurisdiction of this Court, seeking, inter alia,

i) A mandate in the nature of a writ of certiorari, to quash the impugned decision of the 1st Respondent, the Commissioner General of Lands, communicated by letter dated 29/07/2024, marked P8.

ii) A mandate in the nature of a writ of mandamus compelling the 1st to 3rd Respondents to issue a Permit or Grant in terms of Section 19 of the Land Development Ordinance (LDO) in respect of the land depicted as lot A in plan marked P7 together with other incidental reliefs.

In the light of the pleadings the following facts are undisputed.

• The grant bearing No. හ"/2/#/29216 (LL 75982), marked P1, had been issued to Kumastheru Liyanage Maginona in terms of Section 19(4) of the LDO.

• The 4th and 5th Respondents are siblings and children of the said Maginona.

• The mother of the Petitioner, Kumastheru Liyanage Sriyawathie is also a sibling of the above 4th and 5th Respondents.

• Maginona died on 30/09/1998 and her husband had predeceased her.

• The Petitioner and the 4th Respondent subsequently made a joint application asserting the relevant portions of the land.

• Maginona had nominated the 5th Res

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