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
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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