PADMANADON

VS.

GENERAL MANAGER, DEPARTMENT OF RAILWAYS AND ANOTHER

COURT OF APPEAL
NAWAZ, J. (P/CA)
RAJAKARUNA, J.
CA/MC/REV/28/2016
MC COLOMBO 63095/05/10
JULY 2, 2020

Revision-State Lands (Recovery of Possession) Act, No. 7 of 1979, sections 8, 9(1)-Scope of the inquiry-Valid permit or other written authority of the state granted in accordance with any written law- Meaning of "any written law" - Who can grant such permission?

The General Manager, Department of Railways, as the competent authority, instituted proceedings in the Magistrate's Court under the provisions of the State Lands (Recovery of Possession) Act, No. 7 of 1979, to evict the petitioner from the land described in the quit notice. It

was admitted that the land was state land (railway reserve). At the inquiry before the Magistrate's Court, the petitioner took up the position that he is in lawful occupation of the land on two lease agreements entered into with the Co-operative Wholesale Establishment (CWE) and therefore cannot be ejected under the State Lands (Recovery of Possession) Act. The Magistrate's Court did not consider the two lease agreements as "a valid permit or other writt