M. Chulawathi v. Land Reform Commission – CA PHC 188/2006-2016

In the case between The Chairman, Land Reform Commission and M. Chulawathi Kiranthidiya, the court addressed the issue of whether an individual may lawfully resist eviction from State land in the absence of a valid permit or State authority under the State Lands (Recovery of Possession) Act No. 7 of 1979. It was held that absence of such authority or permit precludes resistance to eviction, and procedural objections raised by the Appellant did not constitute sufficient grounds to disturb the lower courts’ orders of ejection. The principle reaffirmed is that only persons possessing valid State authority may lawfully retain possession of State property, with statutory procedure under Section 9 of the Act limiting defences to demonstration of such authority. Reliance was placed on relevant st