Resident Business Manager vs Abewarna Patabendige Nissanka – CA PHC/29/2012-2017

In the case between the Resident Business Manager, Walawa Special Area, Embilipitiya, and Abewarna Patabendige Nissanka, the court addressed the issue of whether the Resident Business Manager qualified as a “competent authority” under the State Land (Recovery of Possession) Act to institute proceedings for the recovery of possession of state land. It was established that the Director General of the Mahaweli Authority of Sri Lanka had duly authorized the Resident Business Manager to act as a competent authority. The court held that this appointment was valid, and that the Magistrate’s Court was precluded by section 9(2) of the State Land (Recovery of Possession) Act from demanding proof for the contents of the application. The appeal challenging the authority of the Resident Business Manage