R. M. D. Wasantha Vs Nimal Abeysiri, District Secretary of Polonnaruwa & others – CA WRT 0497/19-2023

This case concerns a land grant under the Land Development Ordinance (LDO). The petitioner, the son of the original grantee, was nominated as successor but this registration was later cancelled, with his brother named as permit holder. Critical issues included the validity of the grant cancellation, adherence to Section 68 of the LDO, and the effect of delay. The court determined the cancellation was void and ultra vires, ordering its quashing and rectification of the land register.

K.M.G.H. KULATUNGA, J. – The cancellation of the petitioner’s successor registration was deemed a de facto cancellation of the grant, which was ultra vires, void, and a nullity. This action was also found to be in violation of natural justice for lack of a hearing. The subsequent registration of the 5th resp