Mohomed Safayar Siththi Fathima alias Kamernisa vs Wanninayake Mudiyanselage Chandana Kumara Wanninayake – CA PHC 87/2012-2014

In the case between Mohomed Safayar Siththi Fathima alias Kamernisa (Appellant) and Wanninayake Mudiyanselage Chandana Kumara Wanninayake, Divisional Secretary, Nikaweratiya (Respondent), the court examined the maintainability of an appeal from a High Court judgment given in revisionary jurisdiction concerning an order made under the State Land (Recovery of Possession) Act. The central issue was whether such an appeal could proceed where the land in question was identified as State land. It was held that, relying on the Supreme Court precedent in SC Appeal 21/2013, an appeal of this nature is not maintainable. The decision affirmed the principle that orders concerning State land, as governed by specific statutory mechanisms and prior Supreme Court rulings, are not open to appeal in the cir

REF: CA PHC 87/2012-2014 Category: Tag:
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