Mohomed Safayar Mohomed vs Wanninayake Mudiyanselage Chandana Kumara Wanninayake – CA PHC 85/2012-2014

In the case between Mohomed Safayar Mohomed (Appellant) and Wanninayake Mudiyanselage Chandana Kumara Wanninayake, Divisional Secretary (Acting), Nikaweratiya (Respondent), the court addressed the maintainability of an appeal against a High Court decision upholding a Magistrate’s order under the State Land (Recovery of Possession) Act concerning State land. It was held that, based on the legal principle reaffirmed in Supreme Court Appeal 21/2013, the appeal is not maintainable when the disputed land is State land. This determination emphasized the finality of such orders under the applicable statute, confirming the limited grounds of challenge in these circumstances.

A.W.A. Salam J. — It was determined that the appeal, challenging the High Court’s exercise of revisionary jurisdiction ove