W.W.W. Wasanthi Bhadra Priyani Fernando and Other v. R.P.R Rajapakse and Others – CA WRIT APPLICATION NO. 398/14-2016
In the case between W.W.W. Wasanthi Bhadra Priyani Fernando and others (Petitioners) and R.P.R Rajapakse (Land Commissioner) and others, including the 5th respondent (Respondents), the court addressed the issue of whether notice should be issued in a writ application challenging the legality of the 5th respondent’s title to a portion of land (lot 34) acquired through a Presidential Grant. It was held that the petitioners, despite holding prior annual permits, failed to demonstrate a subsisting legal right at the time of the grant, as their permits were limited to one year and had expired. The court reaffirmed that a valid claim to land under such grants requires an extant legal interest at the relevant time and that repeated litigation cannot substitute for the proper use of writ jurisdict

