Jayasundara Mudiyanselage Mallika Gunarathne Menike v. Divisional Secretary et al. – CA PHC 133/2010-2016

In the case between Jayasundara Mudiyanselage Mallika Gunarathne Menike and the Divisional Secretary, Kobeigane with others, the court addressed whether the Provincial High Court possessed writ jurisdiction to adjudicate a dispute concerning State land (Lot No. 142) under Article 154P(4)(b) of the Constitution. It was held that such matters involving State land fall outside the jurisdiction of the Provincial High Court, reaffirming the principle that jurisdiction over State land disputes is constitutionally excluded from Provincial High Courts, pursuant to Article 154P(4)(b) and the High Court of Provinces (Special Provisions) Act No.19 of 1990. The finding underscores that only competent courts may issue writs concerning State land, thereby limiting the High Court’s authority in such case

REF: CA PHC 133/2010-2016 Category: Tag:
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