Galle Naotunne Wijerathne Vs. B.A.S.S Perera and others – 304/2015 WRIT -2017

In the case between Galle Naotunne Wijerathne, Hiriwewa, Kobeigane (Petitioner) and B.A.S.S Perera, Director, District Irrigation, Department of Irrigation, Kurunegala, among others (Respondents), the court addressed the legality of a quit notice issued by the Director, District Irrigation, for vacating alleged government quarters under the Government Quarters (Recovery of Possession) Act. It was held that the property in question was not proven to be owned by the Department of Irrigation nor allocated as government quarters, and there was no employment relationship between the Petitioner and the Department. The principle reaffirmed was that actions taken under statutory authority require clear proof of statutory preconditions, such as ownership or control. The decision relied on the requi