Korale Arachchige Danie vs M V Ratnasiri – CA APPEAL NO: 1002/96 F -2011

The case between Korale Arachchige Danie (Plaintiff-Appellant) and M. V. Ratnasiri and others (Defendant-Respondents) concerned whether a permit holder from the Mahaweli Development Authority possessed exclusive rights over the subject land and could restrain others from entering or maintaining a road thereon. The action sought a declaration of title and an injunction against road construction. It was held that, although the plaintiff is entitled to possession of the land, the use and repair of the roadway by local villagers, supported by longstanding precedent and continuous public use, could not be prohibited. The principles considered relied upon the factual findings regarding public use and acknowledged the absence of illegality or inconsistency in the lower court’s reasoning. The appe