R.W. Fernando and Others Vs. S.S.P. Ratnayake – CA PHC APN REV NO:03/2018-2018

In the case between R.W. Fernando, Ayomal J. Fernando, Romesh J. Fernando (Appellants/Petitioners), and S.S.P. Ratnayake, Director General, Urban Development Authority (Respondent), the court addressed whether the Court of Appeal possessed jurisdiction under Article 140 of the Constitution to revise an order of the Provincial High Court upholding the Petitioners’ eviction from state land for want of a permit or authority under the State Lands (Recovery of Possession) Act. It was held that, due to both the absence of a legal permit and express concession by counsel, no grounds for revision existed. The judgment reaffirmed the principle that courts may only inquire into the existence of a lawful permit or authority for occupation, as required by statute, placing the onus on the occupier. Dis