VEN. ELLAWALA MEDANANDA THERO
VS
DISTRICT SECRETARY, AMPARA AND OTHERS

SUPREME COURT
S. N. SILVA C. J.
GAMINI AMARATUNGA J.
P. A. RATNAYAKE J.
SC FR 178/08.
JUNE 19, 2008.
SEPTEMBER 9, 2008.
OCTOBER 30, 2008.

Fundamental Rights - Constitution Article 10, 12 (1), 12 (2) -13 th Amendment - Alienation of land - Fair and equitable process in effecting alienation of lands?- Doctrine of ultra vires - Public Law - Rule of Law -State land held by executive in trust for the people - Land Development Ordinance.

The petitioners allege that the executive and or administrative action taken to alienate the land - about 60 Acres to 500 Muslim families infringe the fundamental rights guaranteed under Article 10, 12(1), 12(2) of the constitution. The land is located 13km to the South of the Deegavapi Raja Maha Viharaya and the settlement of such a large number of Muslims within a close proximity to the Raja Maha Vihara would bar further expansion of Sinhala Buddhist residents who are living close to the Viharaya. The petitioners contend that, there is a total failure on the part of the respondents to act in terms of the 13th amendment and the Land De