Herath Mudiyanselage Piyasena vs Divisional Secretary – CA 04/2012-2014

In the case between Herath Mudiyanselage Piyasena alias Herath Mudiyanselage Piyasena Kaluhendiwala (Petitioner) and the Divisional Secretary, Divisional Secretariat, Polgahawela, Commissioner General of Lands, and Secretary, Ministry of Lands & Land Development (Respondents), the court addressed the entitlement to a Writ of Mandamus compelling the delivery of a land Grant solely in the Petitioner’s name for land acquired by the State in 1977. The court held that the relief sought cannot be granted in light of administrative objections, rival claims by co-owners, and the State’s adoption of procedures under Section 3 of the State Lands Ordinance, which favored an inclusive allocation to all heirs. The decision reaffirmed the principle that mandamus lies only when there is a clear right and

REF: CA 04/2012-2014 Category: Tag:
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