W.M. Ranjith Wimalasiri Wijethunga vs K.M.N. Kulasekera – CA PHC NO. 185/2013-2018

In the case between W.M. Ranjith Wimalasiri Wijethunga (Petitioner) and K.M.N. Kulasekera (Respondent), the central issue concerned whether the Provincial High Court erred in setting aside an eviction order against the Respondent under Section 5 of the State Lands (Recovery of Possession) Act No. 7 of 1979. The court determined that the Respondent had no valid State authority or permit to lawfully occupy the subject land at the relevant time and that the original eviction order by the Magistrate’s Court was correctly issued. The principle reaffirmed is that unauthorized occupation of State land, without a valid permit or authority, justifies legal eviction, irrespective of third-party involvement such as a prior permit holder, under the cited statute. The decision was based on established

REF: CA PHC NO. 185/2013-2018 Category: Tag:
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