Divisional Secretary, Bulathkohupitiya v Walideniye Gedera Gamini Sarath Kumara – CA PHC 151/2018-2018

In the case between the Divisional Secretary, Bulathkohupitiya and Walideniye Gedera Gamini Sarath Kumara, the court addressed the issue of whether the Quit Notice served under section 3 of the State Lands (Recovery of Possession) Act No. 07 of 1979 complied with the mandatory requirement of a 30-day notice period. The court held that substantial compliance with the statutory notice requirement was sufficient and that no material prejudice was established by the service of a notice slightly less than 30 days. This decision reaffirmed the principle that certain procedural provisions intended for the benefit of occupiers are directory rather than mandatory. Reliance was placed on statutory interpretation, prior authorities such as Gunaratne v Abeysinghe, and the function of such notice requi