Mohomed Safayar Siththi Safiya vs Wanninayake Mudiyanselage Chandana Kumara Wanninayake – CA PHC 89/2012-2014

In the case between Mohomed Safayar Siththi Safiya (Appellant) and Wanninayake Mudiyanselage Chandana Kumara Wanninayake, Divisional Secretary, Nikaweratiya (Respondent), the court addressed the issue of whether an appeal against a High Court Judge’s order—made in revision of a Magistrate’s Order under the State Land (Recovery of Possession) Act—could be maintained. It was determined that, as the land in question was State land, the appeal was not maintainable in view of the Supreme Court’s decision in SC Appeal 21/2013. The principle reaffirmed is that no appeal lies where the land is State land under the Act. The decision underscores the binding effect of Supreme Court precedent on maintainability and reaffirms procedural requirements relating to State land recovery actions.

A.W.A. Sala