The Headquarters Inspector, Police Station, Puttalam vs Durairaj Daniel Semraj, Holy James Church, Chilaw and Selva Solomon Janagam, St. Clement Church, Colombo Road, Puttalam – CA PHC 179/2016-2016

In the case between The Headquarters Inspector, Police Station, Puttalam (Plaintiff) and Durairaj Daniel Semraj (Holy James Church, Chilaw), Selva Solomon Janagam (St. Clement Church, Puttalam), along with other Respondents, the court addressed the legal issue of whether a dispute concerning possession of a cemetery should be determined under the Primary Courts Procedure Act or the Cemeteries and Burial Grounds Ordinance. It was held that the dispute fell within the ambit of the Primary Courts Procedure Act, particularly sections 68(1) and 68(3), rather than the Ordinance which does not provide possessory remedies but regulates usage. The court set aside orders of the Magistrate and High Court, restoring possession to the Appellants (Church of Ceylon/Anglican institution), reaffirming the