Kankanam Pathiranage Ariyawathie vs Divisional Secretary and Hon. Attorney General – CA PHC 102/2011-2011

In the case between Kankanam Pathiranage Ariyawathie and the Divisional Secretary, Divisional Secretariat Office, Katharagama, and the Hon. Attorney General, the court addressed whether applications and affidavits filed under the State Lands (Recovery of Possession) Act must strictly comply with statutory requirements. It was held that non-conformity with these mandatory requirements is not a mere technical defect and renders such eviction orders invalid. The principle reaffirmed mandates strict procedural compliance under the relevant statutes, disallowing the court to overlook defects as technicalities. The judgment relied on legal precedent, such as Kandiah v. Abeykoon, and emphasized that State authorities must adhere strictly to statutory mandates when seeking recovery of state land,

REF: CA PHC 102/2011-2011 Category: Tag:
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