M.C. Margrate Perera vs Divisional Secretary – CA PHC/41/2010-2017

In the case between M.C. Margrate Perera and the Divisional Secretary, Divisional Secretariat, Naula, along with the Hon. Attorney General, the court addressed the issue of whether the State could lawfully seek the ejectment of the appellant from a disputed block of land under the State Land (Recovery of Possession) Act. It was held that only possession supported by a valid permit or written authority constitutes a legitimate defence against ejectment proceedings, and that the competent authority’s opinion on whether the land is State land and whether possession is unauthorized is not subject to judicial challenge. The principle reaffirmed is that longstanding possession alone is insufficient where the land is classified as State land, unless substantiated by appropriate authority. The dec