Surendrani Amirthanathan vs Commander of the Army – SC FR APPLICATION NO. 238/2013-2023

In the matter between Surendrani Amirthanathan, Constance Selvaranee Niles, and Thevanayaki Kunanayagam (as Petitioners) and the Commander of the Army (including General Shavendra Silva) and other military and governmental representatives (as Respondents), the Court addressed allegations of unlawful occupation and fencing of private lands by the Sri Lanka Army. The petitions asserted infringement of constitutional property rights under Articles 12(1) and 14(1)(h) through forceful, procedurally deficient land acquisition. Extensive review of documentary evidence and property plans failed to confirm, on a balance of probabilities, that the military occupation encroached upon the petitioners’ specific parcels. The Court relied on established property law principles, reaffirming that the burde