Halpandeniya Hewage Alice Nona v. 2nd Respondent – 50/2009-2009

In the case between Epa Kankanamge Charlotte Muttettuwewatte (substituted petitioner for Halpandeniya Hewage Alice Nona) and S. Wahalawatte, Land Commissioner (Southern Province), Kulasena Samarasinghe (Divisional Secretary, Niyagama), W.K. Piyasena (Grama Niladhari, Porawagama), and A.K. Rohini Damayanthi De Silva, the court addressed the issue of whether the High Court had jurisdiction to entertain a writ application challenging the Divisional Secretary’s decision to transfer possession of state land under Section 48B(1) of the Land Development Ordinance. It was held that the High Court was not precluded from exercising jurisdiction due to the state land subject matter and that the widow of the original grantee was entitled to possession over the daughter-in-law. This determination relie