Bothalage Antony Greshan Fernando vs. Sanjeewani Herath et al. – CA WRIT NO 401/2017-2023

In Bothalage Antony Greshan Fernando v. Sanjeewani Herath, Milanga Prabath Nandasena, J.M.R.P. Jayasinghe, and others, the court addressed the issue of entitlement to a permit under the Land Development Ordinance (LDO) in circumstances where possession was held pursuant to an informal letter rather than a formal LDO permit. It was held that the petitioner, not having complied with cultivation requirements or formal statutory procedures, and lacking a valid LDO permit, was not entitled to the writs sought. The principle reaffirmed was that statutory requirements and substantive compliance must be demonstrated to claim rights under the LDO, and authorities are not under a public duty to grant permits in the absence thereof. Reliance was placed on procedural adherence under the LDO and analys