W.M. Dhanapala Menike vs. Dayananda Colombage and others – CA WRIT/26/2014-2014

The case between W.M. Dhanapala Menike (Petitioner) and Dayananda Colombage, Divisional Secretary, Kahawatte, B.A.C.P. Bamunuarachchi, R.P.R. Rajapakshe, Commissioner General of Land, and others (Respondents), concerned the succession to lands granted under the Land Development Ordinance following the death of the original grantee without a nominated successor. The primary legal issue addressed was whether a Deed of Renunciation executed by the 5th Respondent (Ven. Pelmadulle Dammagaweshi Thero), and his subsequent ordination as a Buddhist monk, precluded him from later succession to the lands. It was held that the Deed of Renunciation did not effectually bar the 5th Respondent from succession upon his brother’s death, as the right to succeed revived under the Land Development Ordinance an