Pahalagedara Kumarasiri Jayalath Divisional Secretary vs Lesley Pathberiya – CA PHC NO. 140/2006-2018

In the case between Pahalagedara Kumarasiri Jayalath, Divisional Secretary, Palugaswewa (Applicant-Petitioner-Respondent), and Lesley Pathberiya (Respondent-Respondent-Appellant), the court examined whether the Appellant was lawfully occupying State land under a valid permit or written authority at the time of the eviction proceedings. The court concluded that the onus rested on the occupant to prove the existence and continued validity of any such authority or permit. The holding reaffirmed that the mere absence of a formal revocation does not establish lawful authority if the permit itself has lapsed by its terms, and that the Competent Authority need only allege lack of authority, after which the burden shifts to the occupant. The decision relied on the statutory framework of the State