N H G Damith Saliya Nanayakkara v. Mr. Nimal Abeysiri et al. – CA WRIT APPLICATION NO. 228/2013-2016

In the case between N H G Damith Saliya Nanayakkara (Petitioner) and Mr. Nimal Abeysiri (District Secretary of Polonnaruwa) and others (Respondents), the court addressed the issue of lawful succession to a paddy land under the Land Development Ordinance. It was determined that the transfer of the paddy land to the 5th Respondent was unlawful, as the Petitioner and the 4th Respondent were the properly nominated and recognized successors. The principle reaffirmed is that succession to permit-holding land under the Ordinance must be effected in accordance with registered nominations, and administrative acts contrary to such succession are ultra vires. The decision relied chiefly on Sections 49 and 72 of the Land Development Ordinance, highlighting the overriding priority of nominated successo