Abeyasinghe Arachchige Asoka vs. R.P.R. Rajapaksha et al. – CA WRIT APPLICATION NO.208/2013-2016
In Abeyasinghe Arachchige Asoka v. R.P.R. Rajapaksha, Commissioner General of Land and Others, the court addressed the legality of creating joint ownership of state land under a grant when a valid nomination of a successor existed under the Land Development Ordinance. The main issue concerned whether administrative authorities could lawfully grant joint ownership of “Iylakanda Mukalana” to both the Petitioner and the 4th Respondent, or whether the Petitioner, as nominated successor, was solely entitled. It was held that joint ownership could not be lawfully created in such circumstances, reaffirming the principle that public authorities must act strictly within the sources of power granted by statute. Reliance was placed on Section 72, Section 48 of the Land Development Ordinance, and esta

