JAYASUNDARA

Vs.

DIVISIONAL SECRETARY, BULATHSINGHALA AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
OBEYESEKERE, J.
CA/WRIT/263/2017
AUGUST 31, 2020

Writs of certiorari and mandamus-Land Development Ordinance, sections 72, 73-Failure of nominated successor to succeed to the land on death of permit-holder-Permit issued to widow of original permit-holder-Death of nominated successor-Grant issued to widow-Succession to the land on widow's death

The petitioner's grandfather, RJ, was issued a permit under the Land Development Ordinance in respect of the subject matter land. RJ named his son, C (the father of the petitioner), who was then aged 12, as his nominated successor. RJ died in 1960. In 1962, his widow, AR was named as the owner/permit-holder of the land in the land ledger. This was not the same as succession to the land by the widow of the permit-holder under section 38A, which was only introduced to the principal enactment by the Land Development (Amendment) Act, No. 16 of 1969. At the time AR was named the owner/permit-holder, section 26 of the Ordinance provided that the permit was personal to the permit-holder and that upon his death no titl