CA (Writ) 125/2013, the case filed by 1474 desperate landowners of the Jaffna Province against steps by the Rajapaksa regime to take over their traditional lands in the Jaffna Peninsula came up today (20.05.2013) in the Appeal Court before Justice S. Sriskandaraja, President of the Court of Appeal.
When the case was taken up, court was informed by K. Kanag-Isvaran, PC appearing with M. A. Sumanthiran, Viran Corea, Bhavani Fonseka, Lakshmanan Jeyakumar and Niran Anketell that it had been brought to the petitioners’ attention after the case was filed, that a so-called order for urgent acquisition purportedly under section 38 proviso A of the Land Acquisition Act had also been published in a Government Gazette, which also the petitioners wish to challenge and have quashed by court. A motion had been filed on behalf of the petitioners, presenting the Gazette publication to court.
Kanag-Isvaran told court that he was in a position to demonstrate that both the purported notice under section 2 of the Land Acquisition Act and the purported order under section 38 proviso A of that Act by the Minister of Land, were bad and liable to be quashed by court in the light of well-established principles of administrative law.
Court permitted the petitioners’ application to amend the petition to add a prayer to also seek the quashing of the so-called publication/order under section 38 proviso A of the Land Acquisition Act, and directed that the case is to be taken up for support on 27.05.2013 (next Monday) after the amended petition is filed, with notice to the respondents.
Details of the case and the full petition obtained by the Colombo Telegraph were published in an earlier news report.
The Colombo Telegraph is reliably informed that thousands more are due to resort to litigation in a bid to save their lands from being taken from them by the ruling regime.
Related posts;
1474 Northern Tamils Petition Appeal Court To Help Prevent Grab Of Their Homes By Rajapaksa Regime
Muliyawaikkal / May 20, 2013
Please resettle Sinhalese and Muslims evicted by LTTE in 1977 and 1990. Without them the north will not be a true coexisting district. Without coexistence, there will never be peace.
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justice / May 20, 2013
This case will be a test of our Justice System.
I hope the court will not say that it has no expertise to decide.
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dirty seththu / May 20, 2013
This is a good case for a bon- fire
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Piranha / May 20, 2013
A courageous move by the people against the plunderers of their land. This should be internationalised as it is a rights issue of the affected people. The villain here is the Rajapaksa regime and justice by a court that is subservient to the regime is not likely. So, all efforts must be made to get the support of the international community and the UN.
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Dhaksha / May 21, 2013
If the land criminals have not corrupted the Appeals Court, the poor victims have some chance of getting justice. This is the arrogance of power, the greed of a ruling family, and will be the eventual decline of this nation.
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Leon / May 21, 2013
Maybe the case should be heard by another Judge.
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thava / May 21, 2013
During the last 30 years of fight. Hindus lost their life and their Properties than other minority religious people in Tamils. LTTE they were trying to create Catholic country. So they were trying to give whole Hindus lands to Catholic. But Buddhists’ are taking very small area of land compare to whole North and East. Buddhism is actually one of our(Hindu) close religion. We don’t need to worry too much on this case compared to earlier case.
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kp / May 26, 2013
yes, the closeness between the two religions was seen very clearly during the last 30 years. July ’83 was a particularly harmonious example of the love that exists between the two communities.
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