Don Premasiri Hettiarachchi vs H.D. Jayatissa and H.D. Tomas Appuhamy and Sons – CA PHC 169/2006-2006

In the case between Don Premasiri Hettiarachchi, Commissioner for Local Government, Department of Local Government for Western Province (Petitioner) and H.D. Jayatissa, H.D. Tomas Appuhamy and Sons (Respondents), the court addressed whether the Commissioner for Local Government (Western Province) qualifies as the “Competent Authority” under Section 18 of the State Land (Recovery of Possession) Act No.7 of 1979, thereby possessing the authority to initiate proceedings to recover possession of state land. It was held that the Commissioner for Local Government of a Province falls within the definition of “Competent Authority” for lands under the control of a local authority, as specified in Section 18 of the Act. The appellate court dismissed the challenge and affirmed the High Court’s decisi