Chamal Athukorala Kodithuwakku v. Chairman, National Housing Development Authority – C A PHC/85/2004-2004

In the case between Chamal Athukorala Kodithuwakku (Appellant) and the Chairman, National Housing Development Authority (Respondent), the court addressed the issue of whether the Provincial High Court of the Southern Province had jurisdiction under Article 154P(4)(b) of the Constitution to issue writs concerning recovery, disposition, encroachment, or alienation of State lands. It was determined that the High Court’s dismissal of the application for a writ of certiorari—intended to quash action taken under the State Lands (Recovery of Possession) Act—was valid. The principle reaffirmed was that Provincial High Courts lack jurisdiction over matters involving State land, in line with the precedent established by Superintendent, Stafford Estate v. Solaimuthu Rasu. The decision clarified the s

REF: C A PHC/85/2004-2004 Category: Tag:
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