Gamage Don Kamala Melo & Another vs. Divisional Secretary, Negombo & Another – CA WRIT 101/2022-2024

In the case of Gamage Don Kamala Melo and Burgerge Christopher Canisius Peiris (Petitioners) v. Divisional Secretary and Hon. Attorney General (Respondents), the court addressed the validity of quit notices issued under Section 3 of the State Lands (Recovery of Possession) Act, particularly in the context of a partition decree claimed by the Petitioners. It was held that the competent authority had lawfully formed the required opinion that the impugned land constituted State land, and that issuance of quit notices did not require a pre-decisional hearing, provided the opinion is reasonable. The principle reaffirmed is that a partition decree does not bind the State unless the State is a party, and the statutory scheme permits the formation of such an opinion based on available evidence wit