News
Land taken over for tsunami displaced: Court grants alternative land to dual citizen, censures top official
The Court of Appeal recently ordered that Palippody Jeyatheeswaran of Nochchimunai, Batticaloa, currently living at Lunchwisenstrasse 30, 8051 Zurich, Switzerland, be granted suitable alternative land, of equal value, in lieu of “Wembabhumi” situated at Periyanilawanai Grama Niladhari Division, in Karaiwapattu, in the Kalmunai Divisional Secretariat area, taken over in 2005 to build a housing complex for tsunami displaced.
The Petitioner moving the court in terms of Article 140 of the Constitution stated that the Kalmunai Divisional Secretariat took over the land, that was released to him in March 1990, through a permit, even without consulting him. According to the petitioner, the extent of the land, taken arbitrarily over, is 1 acre, 1rood and 20 perches.
The bench consisted of Mayadunne Corea, J and Mahen Gopallawa, J. The respondents were Divisional Secretary, Divisional Secretariat, Manmunai North, Batticaloa (First respondent namely Vanniyasingam Vasuthevan succeeded by Mrs. Shivapiriya Vilvaratnam), Provincial Land Commissioner (Second respondent namely Mrs. H.D. Asinsala Seneviratne, D.M.R.C. Dasanayake and Mrs. Valarmathy Ravindran) and Land Commissioner General (Third respondent namely G.D. Keerthi Gamage, K.D. Bandula and Ranaweera Arachchilage Chandana Saman Ranaweera Arachchi).
The court issued the directive after having quashed decisions taken at a meeting called by the Secretary to the Home Affairs Ministry on July 14, 2021, to grant 20 perches to a close relative of the petitioner, nominated by the latter. This decision has been taken against the backdrop of the petitioner being a Swiss national but since then he has obtained dual citizenship.
Uditha Egalahewa, P.C., with Vishwa Vimukthi, represented the petitioner, whereas State Counsel Shemanthi Dunuwille appeared for the respondents.
The court has declared that the decision to grant 20 perches to a close relative of the petitioner is bad in law. The court held that the conduct of the first respondent, in respect of this particular case, couldn’t be justified, and respondents should address the issue according to the law. In the court ruling, the instances the first respondent disregarded instructions issued by the second respondent to grant one acre of land to the petitioner but offered 20 perches.
The petitioner’s father, who served as a Grama Seveka, had been killed by the LTTE in the East and the petitioner shot and wounded by the LTTE in Colombo in 2005 and migrated in Switzerland in September same year.
The court pointed out that in spite of many meetings and decisions taken over the years, the respondents failed to provide alternative land.
However, the court pointed out in the absence of the original permit issued to the petitioner, it is not clear whether the said permit was an annual permit that had to be renewed yearly, or a long-term permit. Therefore, the court is not in a position to determine whether the petitioner was entitled in law to an alternate land. But, in terms of documents that had been submitted to court, it appears that all the state officers, including the Land Commissioner General, had come to a conclusion and a decision was made to the effect that the Petitioner should be given an alternate land. Further, at the hearing, all Counsel conceded that the petitioner should be given an alternate land. Hence, court would not dwell on the said question.
By Shamindra Ferdinando
The Frontline Socialist Party-backed People’s Struggle Movement is set to stage a protest march in Colombo today (03) against what it describes as the growing tax burden on the public and the rising cost of living.
The organisers are due to commence the “Colombo March Against Unjust Taxes” at noon from Campbell Park, Borella. The FSP has also been mobilising support for the protest in Colombo and its suburbs in the run-up to the event.
People’s Struggle Movement National Executive Council member Wasantha Mudalige, speaking at a media briefing in Nugegoda yesterday (02), called on the public to join the protest, saying the movement intended to bring the tax burden faced by ordinary people to the forefront.
Mudalige alleged that successive tax measures had placed an excessive burden on households, particularly through taxes on food and educational items. He also criticised the Government over what he described as the high cost of basic food items and the difficulties faced by parents in meeting their children’s educational expenses.
He accused the Opposition of failing to adequately address the issue, claiming that opposition parties raised such concerns, mainly during election periods.
Mudalige also criticised the Government for what he described as a departure from promises made before the 2024 presidential election regarding taxes on educational equipment.
He questioned the tax burden on food items, citing figures of Rs. 100 per kilogramme on dried sprats, Rs. 310 per kilogramme on chicken and Rs. 11 per egg.
He further alleged that while ordinary people were bearing a heavy tax burden, wealthy groups were receiving tax concessions. He also criticised the Government’s economic programme and its implementation of measures associated with the International Monetary Fund (IMF).
The movement has framed today’s protest as part of a broader campaign over the cost of living and taxation. The People’s Struggle Alliance has separately announced that the Campbell Park demonstration will be the first in a series of public actions, with further protests planned in November.
Mudalige said the movement would continue to take the issue to the streets and urged the public to participate in today’s demonstration.
People’s Struggle Movement National Executive Council member Jayantha Amarasinghe also addressed the press.
The Colombo High Court yesterday postponed the trial in the case filed under the Prevention of Money Laundering Act against Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa.
The case was taken up before Colombo High Court Judge Udesh Ranatunga, with Yoshitha Rajapaksa, who is currently out on bail, appearing in court.
The trial was postponed as the President’s Counsel appearing for the defence was indisposed.
The Attorney General has filed the case against Rajapaksa, alleging that he committed an offence under the Prevention of Money Laundering Act by purchasing five plots of land in Dehiwala and Ratmalana, worth more than Rs. 73 million.
A contingent of the Sri Lanka Army, comprising 20 officers and 55 other ranks, participated in the combined military exercise ‘Wolverine Path II–2026’, conducted with the Armed Forces of the Russian Federation in Vladivostok, Russia, from September 18 to 25.
According to the Ministry of Defence, the exercise primarily focused on counter-terrorism operations and provided participating troops with training in a challenging combined operational environment.
The exercise included a range of tactical activities, including heli-rappelling, close-quarters battle (CQB), ambush operations, sniper firing, drone operations, buggy training and combat medical support.
The Ministry said the training enabled Sri Lankan troops to further develop their combat skills, tactical coordination and operational readiness.
It also provided an opportunity for the two militaries to exchange professional knowledge, operational experience and tactical expertise. Sri Lankan personnel gained exposure to training methodologies, tactical approaches and operational practices adopted by the Russian Armed Forces, the Ministry said.
The participation also enabled the Sri Lankan contingent to identify lessons from the joint training and share its own experiences with the Russian military.
The Sri Lankan contingent returned to the country following the exercise and arrived at Mattala Rajapaksa International Airport on September 28.
The Ministry said participation in the exercise contributed to enhancing the professional knowledge, tactical awareness and operational preparedness of Army personnel while promoting military-to-military cooperation, mutual understanding and professional relations between Sri Lanka and Russia.
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