Opatha Kankanamage Sumanasiri vs Thommaya Hakuru Nandawathie – CA PHC NO. 01/2008-2014

In the case between Opatha Kankanamage Sumanasiri (2nd Respondent-Appellant) and Thommaya Hakuru Nandawathie (1st Respondent-Respondent), the court addressed whether the Primary Courts and the Magistrate possessed jurisdiction over disputes concerning State land, and whether the High Court’s dismissal of a revision application due to the existence of other remedies was correct. It was held that the Primary Court had the authority to make orders related to the possession of State land solely for the prevention of breaches of the peace under Section 66(a) of the Primary Courts Procedure Act, even where title or permanent possession could not be adjudicated. Both parties’ admissions of State ownership, alongside the Divisional Secretary’s involvement, substantiated this jurisdiction. The cour