Palamandadige Rose Kumari Nishanthi Fernando vs Hon. S. M. Chandrasena, Minister of Lands and Others – CA Writ 147/2021-2025

The court addressed the issue of land acquisition and the availability of a divesting order under the Land Acquisition Act, as well as the applicability of a Writ of Mandamus. The court held that Section 39A of the Land Acquisition Act was inapplicable as the State failed to prove possession, a Writ of Mandamus does not lie to compel a discretionary power for issuing a divesting order, and a ‘piece-meal’ divesting order is not permissible. It was further determined that the petitioners lacked locus standi, there was unexplained delay in challenging the acquisition, and facts were suppressed. This decision reaffirmed the principle that proper legal standing and timely challenge are essential. The application for a Writ of Mandamus was dismissed. This relied on provisions of the Land Acquisi