A Gunerathna Menike & Pahala Gamaralalage Nandawathie Menike vs Witharamalage Dhanarathna Menike & W P Wijerathna – CA PHC/105/2007-2017

In the case between A Gunerathna Menike and Witharamalage Dhanarathna Menike, the court addressed whether the Provincial High Court of Sabaragamuwa possessed jurisdiction to grant a writ of certiorari regarding the nomination of a successor to a state land permit under Section 48 of the Land Development Ordinance. It was determined that such matters, involving the alienation and succession of state lands, fall outside the jurisdiction conferred upon Provincial High Courts by Article 154P 4(b) of the Constitution, as these matters are not included within the Provincial Council List. The judgment of the Provincial High Court was thus set aside, and the original application was dismissed, reinforcing the principle that the allocation or succession of state lands remains within the purview of