Jayathilaka vs. Divisional Secretary, Kuruwita and Others – sllr 2021 volume 2 page 430

In the case between the petitioner (connected to Jayathilaka) and the Divisional Secretary, Kuruwita, and others, the court addressed the validity of land succession under the Land Development Ordinance, particularly the extent of the surviving spouse’s rights to nominate a successor, the issuance of grants, and the triggering of statutory succession. It was held that nominations by a surviving spouse are of no legal effect under the Ordinance, succession rights are not triggered until the death of the surviving spouse, and grants made under section 19(4) in favor of a spouse are erroneous. The principle reaffirmed is that succession to state land under the Ordinance strictly adheres to the statutory scheme, and writ relief cannot be granted where the petitioner cannot establish rights und