Sanjaya Thavanesan vs. Harin Fernando and others – CA Writ 735/2025-2025

This case involves an application for Writs of Mandamus concerning the divestiture of three plots of land under Section 39A of the Land Acquisition Act. The Petitioner sought to compel the 1st Respondent to divest the land, which was acquired by the Government in 1979 but owned by the Petitioner since 2006. The core issues were whether the conditions for divestiture, including non-payment of compensation, non-utilization for the public purpose for 45 years, and lack of improvements, were met. The Court found these conditions satisfied, noting the land’s abandonment and subsequent lease to a private entity. The illegality of the initial Section 2 notice was also highlighted. A Writ of Mandamus was granted, ordering the issuance of a divesting order, and litigation costs were awarded to the