Karunanayake Liyanage Marian Roshani Perera, Mahipala Mudalige Winnifreda Paris, Panambarage Nihal Laxman Fernando vs Negombo Municipal Council, Nimal Lanza, Hon. Janaka Bandara Tennakoon, Divisional Secretary – CA WRIT APPLICATION NO. 246/2007-2014

In the case between Karunanayake Liyanage Marian Roshani Perera and others (Petitioners) and the Negombo Municipal Council and others (Respondents), the court addressed the issue of whether a writ of mandamus should be issued directing the Minister of Land and Land Development to divest land acquired for a public library, on the grounds that the land was allegedly not used for the stated public purpose. The application was dismissed on the basis that the public purpose for which the land was acquired had not ceased, and that delays in the construction of the library were attributable to the petitioners’ own litigation. It was determined that the prerequisites under Section 39A of the Land Acquisition Act for divestiture—particularly that compensation had not been paid and public purpose ha