13 December, 2019

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1474 Northern Tamils Petition Appeal Court To Help Prevent Grab Of Their Homes By Rajapaksa Regime

1474 Tamils of the Northern Peninsula have filed writ application No. CA (Writ) 125/2013, pleading for relief from the Appeal Court, against steps by the ruling Rajapaksa regime to grab an area of approximately 25.8 square kilometres (6381 acres), including their traditional homes. The Colombo Telegraph reliably learns that hundreds more are to follow suit in desperation.

The petitioners state that the so called land acquisition is flawed in several ways, and point out that proper procedures have not been followed, and that there is no proper public purpose to be served for which their land is to be taken over, as set out in the petition.

The petition demonstrates that the Sri Lankan capital, Colombo City itself spans an area of 37.21 square kilometers and that the approximately 25.8 square kilometres of Jaffna Peninsula lands to be acquired is about ‘two-third the entire land area on which Colombo City is established’.

Here is a map of the Colombo area with approximately 6384 acres depicted as the extent enclosed within 3 marker points, which is annexed to the petition (marked “P3”) and presented to court to demonstrate how massive the land extent being acquired is.

The petitioners say they have repeatedly interacted with State functionaries and are easily identifiable. The petition also states that a large number of the petitioners have been listed by the State as ‘displaced’ and are languishing in ‘welfare camps’ established by the State and languish there after being refused permission to return to their lands. The petitioners complain that in these circumstances, the challenged acquisition notice wrongfully claims that “Person claiming ownership over the land: cannot be identified”.

The petitioners urge that the Appeal Court quashes the acquisition notice marked “P1” and prohibits action being taken based on it and plead for an interim order till the case is heard, that would effectively prevent further steps being taken to dispossess the petitioners of their lands, pointing out that grave and irreparable loss, harm and damage would otherwise be inflicted on them.

Here is the full petition dated 14/05/2013 filed by lawyers, Sinnadurai Sundaralingam & Balendra settled by – K. Kanag-Isvaran (President’s Counsel), M. A. Sumanthiran, Viran Corea, Lakshmanan Jeyakumar, Bhavani Fonseka and Niran Anketell.

Read the petition here

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Latest comments

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    Hope against hope that the courts will give people relief be it a land grab in Jaffna or Colombo

    on a lighter note perhaps the Govt should get advice from Leela also known as Sumanasekera on how to grab more land as he can use the Lee Potter case study ;-)

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      The petitioners will not get any relief. What so ever.

      Judiciary is highly politicized and corrupted. Will of the regime will prevail there at the end.

      Truly sad state of affairs.

      This is not the kind of Sri Lanka one hoped to build after the demise of uncivilized LTTE.

      • 0
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        I don’t understand why you brought LTTE into this matter? Can you explain How civilized was Sri Lanka before, during and after LTTE?
        Land grab is the fundamental problem that lead to the whole bloodshed in this Nation since 1948. Do you think that highly politicized, corrupted judiciary and uncivilized State machinery started only after 2009? Have you heard about drilling of eyes of prisoners in any other nation other than Sri Lanka? Have you ever heard passengers from a boat were hacked into pieces by Sri Lankan Navy? Have you heard of burning people in the streets of Colombo and celebrating the death of civilians?
        If you agree that these acts are civilized Nation, you are great!

        • 0
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          Nice reply. This Ben is increasingly adamant in not accepting the root cause but miss no opportunity to blame LTTE for all the sad state of affairs in island.

        • 0
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          Ajith,

          Yep, I have witnessed burning people in the streets in July 1983. Inhuman beatings and stabbings as well. Unleashed by extreme Sinhalese nationalists on fellow Tamil citizens.

          Extreme Tamill ethno nationalists are not better. We all know that. We have 30 years of LTTE brutality to prove it. Beyond any doubts.

          Question is how to put racism behind. And build a just, law abiding, gracious country with brotherhood.

          Corrupt Rajapassa clan, TNA or self seeking opposition are not helping.

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            What Ltte brutality, ltte learned all brutality from sinhala budhist thugs. You must be thankful to Praba moron. If he change his course of action after 9/11 2001, history will be some thing different. Most tamils supported all liberation organiztion, after brutal barbarism against tamils since 1948. Again sinhala rule must be limited to sinhala only. Then only tamils can live peace fully.

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              Muthu,

              There are extremist Tamils and extremist Sinhalese. Such as yourself.

              Unable to see any of their won short-comings. Only blame the other side. All the time. Forever. Wasting time. Being bitter.

              I am not surprised “Talented Mr. VP” took the wrong path after 9/11, 2001. Extremist racists always do. It is their very nature.

              Stupidity and racism are linked. Science. Try not be a part of those statistics.

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            Ben,

            Can you read again what you said? How do you interpret this?

            “This is not the kind of Sri Lanka one hoped to build after the demise of uncivilized LTTE”.
            Read this what you are saying now. How do you interpret this?
            “Unleashed by extreme Sinhalese nationalists on fellow Tamil citizens.”
            You are still not accepting that those Barberic acts of Sinhala Nationalists are uncivilized.
            Who are these extreme Sinhala nationalists?
            It is Sri Lanka state including Presidents, ministers, Religious leaders and military.

            The Barberic acts are nothing to do with LTTE or any other group.

            You raised a question. How to put racism behind?
            The simple way is divide the Nation into two or three. There are only three races and two languages are in this Nation. Let Sinhalese do their business and Tamils to do their business.

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              Ajith

              Your solution is racial segregation of the most primitve form. It not viable in Sri Lanka. Sorry.

              Besides 90% of the population in Sri Lanka will not allow that. Under any circumstances.

              Say good bye to Tamil racist extremism. Join the fight to build a new Sri Lanka. Where all are equal before the law. Nothing more. Nothing less.

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          He didnt say gov is good or civilised but accepted it is not so. The only thing he said that has pained u is calling LTTE uncivilised. :) Abt SL being uncivilised, i dont think anything has happened in SL that has not happened in the ‘civilised west’ and even in our subcontinent.
          I really dont see a reason for u to agitate so much

          • 0
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            Can you please let us know what LTTE did that is different to Sri Lanka and civilised west?

    • 0
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      Government should not trouble Leela aka Sumanasekera. He has been given the task of placing comments in CT and other blogs. He is doing that well and is looked after well by the regime.

  • 0
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    For what purpose is such a large extent of land required is the question. In the absence of any proper development plan the seizure of private lands cannot be justified. Let us see if justice is served by the courts.

    • 0
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      “For what purpose is such a large ..”Land for sinhalisation

  • 0
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    Acquisition of private land of any race is not justifiable. This rogue government should be defeated. Anaway there is no law in the country. Rajapassas should be sent to jail for destroying democracy and human rights.

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    What an eye-opener that map is!, even if one wasn’t already aware just how much land is involved in 6,300 acres…I think Jehan P recently wrote about 7,000.
    Some of us (unable to be active or otherwise helpful) can only despair about the future of this country and ALL its peoples. Of course, it is not easy to get an adequate picture of what is really going on (beyond one’s immediate purview — which is not very encouraging anyway!), to come anywhere near the elusive “truth”, but one hears and reads enough, and encounters reasonably objective people who do get around the country, to be very very pessimistic and very sad for thousands of people to whom the “end of the war” has not only not brought them any dividends so far, or comfort, but destroyed any faint hopes they might have had of some real relief and restitution in the future.

  • 0
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    What ever it is. Where ever you may go. But avoid seeking help from any other state of international. Some ‘na(chu)tpu’ countries may arrange for injustice

  • 0
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    Perhaps those who went to Israel to learn “agriculture” really was to learn the art of land grabs, for which Israel has been condemned by the entire world, and are now masters of. Now the Rajapaksa government is putting it into practice.
    What next Caterpillar tractors to bulldoze the homes, and home owners chased away?
    Shame on the Rajapaksa regime for stooping to such indecent crimes. If there is any justice in this world, and the appeal’s court is not tainted by Rajapaksa corruption, these land owners should be allowed to keep their lands.

  • 0
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    Land Grab – a global phenomenon

    In 18 years, there were over 6,000 murders in Jaffna, in the context of high criminal gangs from Sri Lankan military and Sri Lanka, which not only make Nationally fraudulent real estate transactions, but are also often known by name with their political background. Inter alia cooperation with EPDP.

    The Tamilland occupation, which is well documented including in the World Bank Coastal Management Plans, is a very important form of money laundering from criminal activities of many Sri Lankan military clans.

    Sri Lankan military mafia in action

    According to the report down well, is a targeted theft of land occupation, especially in Jaffna, Mullaitive, Kilinochchi, Trincomale and Batticollo, through the North and East. No one stops, with few exceptions, this land grab mentality and vandals destruction of infrastructure.

    Virtually everyone concerned themselves but today any dubious and fake documents, which has become a kind of tradition and where to corrupt politicians today, these kinds of documents even confirmed.

    A typical Mahindha way to bring such a primitive criminal with experience in trading and money laundering to power.

    Active trading of fraudulent real estate is operated with zero documents or false documents.

  • 0
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    I used to critisized LTTE’s human rights violations on other communities with my friends till 2009 (I know govt’s HR violations are 1000 times more than LTTE’s one, but as a Tamil, I felt that I have a duty to reject LTTE’s HR violations). But now I feel how important the LTTE is. I have my own land in so called HSZ, deprived to see for last 24 years. As a small boy I enjoyed the beauty of the land, fresh air from the sea…Those act will never ever bring peace and reconciliation, instead it will definitly create more Prapakarans.

    • 0
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      so when LTTE was around u could feel the breeze, beauty of the land and air?

      • 0
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        You are missing hidden pain and truth in his posting. If your government continues to suppress like this, there is huge possibility that people will take arm again. And this time you will have no one to back you and perish.

  • 0
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    Five out of the first ten petitioners do not live in the Jaffna Peninsula. With USA getting a foothold in Maldives, it is necessary to ensure that national territorial integrity is safeguarded. Land required for this purpose in the high security zones must be acquired and compensation paid to the owners, without continuing to maintain high security zones in land not owned by the government of Sri Lanka.

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      The way things go, very soon SL gov has to grab many more lands in Akurana type areas where high density of Muslims lives to create multiple High Security zones….
      Anura

  • 0
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    There is no shortage of Tamils when it comes to petitions and habaeas corpus applications.
    land grab in the name of ghandian movement to settle estate tamils with promised lands to create a buffer zone with letters purported to be signed by Amirthalingam…………

    That was the real land grab with ficticious signatures in letters…
    That grab was planned in line with the Kibutz system conducted by S.A.David. Npbody went to courts and no compensation paid todate and now tamils demand as them being rightful owners.
    Tasmils were very happy then as the duped estate Indian tamils were fleeing estates in droves to get settle along the Buffer zone with promise of owning land.
    Were these indian Tamils that were saved from the cluthces of LTTE in the final days of war in the wanni.

  • 0
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    dear friends
    Now can you understand the rationale behind why the tamil parties stress
    on the power on land in 13th amendment? yeah! by past and present
    experiences since so called Independence these kind of land grabbings
    were implemented by sinhalese majority governments to colonize and
    change the demography in East already. B’se of tamil militant shield
    this effort was hampered in North and now after 2009 the chauvinisticeera GOSL have started their long term plan in 1st gear.that’s why all that
    likes of Hela urumayaand ,Wimal weerawansa re keen on removing
    Desavalamai act and resisting power on land in any resolution.The
    government’s actions reiterates strongly that NO solutions possible
    in Srilnka for tamils

  • 0
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    IT IS THE INJUSTICE AND BRUTALITY OF THE SINHALESE THAT GAVE RISE TO
    TAMIL MILITANCY.I HAVE MYSELF WITNESSED THE DAMAGE TO TAMILS AND THEIR PROPERTY.MY HOUSE WAS TO BE ATTACKED SINCE I HAD A TAMIL COUPLE LIVING
    IN MY LOWER APARTMENT.I WAS PREPARED.THE ARMY CAME IN TIME AND WE WERE SPARED.THE SINHALESE WERE RESPONSIBLE FOR THE RISE OF VP.
    WE STILL DO NOT SEE ANY SOLUTION TO THE MINORITY PROBLEM.
    ALL MUST UNITE TO FIND A JUST SOLUTION SOON.
    JUST BLAMING LTTE IS NOT THE SOLUTION.THE SINHALESE TOO WERE RESPONSIBLE
    FOR SOME HORRIFIC CRIMES.BLAME GAME WILL NOT SOLVE THE PROBLEM.
    THIS LAND GRAB IS ANOTHER INJUSTICE.

  • 0
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    Take it to the UN and UNHCR to get a fair hearing and settlement for the affected parties. Only place some thing good going to come out for these people is the international forum. In this country have no rule of law but jungle law.

  • 0
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    “Your solution is racial segregation of the most primitve form. It not viable in Sri Lanka. Sorry.

    Besides 90% of the population in Sri Lanka will not allow that. Under any circumstances.

    Say good bye to Tamil racist extremism. Join the fight to build a new Sri Lanka. Where all are equal before the law. Nothing more. Nothing less.”””

    Ben,
    Thank you for identifying yourself as a Sinhala racist extremist. The way you suggest to build a new Sri Lanka with same old Sinhala fundamentalists and the same old one race(Sinhala), one language(Sinhala), one religion (Buddhism) policy.
    To day your policy has eradicated half of the Tamil population and now engaged with eradicating muslims. The new Sri Lanka supports the genocide of Tamils of this nation!
    The law is there but it is very low and justice lost.

  • 0
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    I wish a Google map of the area to be acquired in the North Valigamam- KKS sector is also provided. There should be information on lands that ate part of households, agricultural land and land in traditional fishing areas.

    Dr.Rajasingham Narendran

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      What will you do with that Dr RN? writing another article how Tamils need to accommodate this and justify how this will help them getting their rights (hidden slavery) in long run? You were very critical when LTTE destroyed your library so what do you suggests to sufferers if courts also favor the verdict along the lines of this racist government?
      Suggesting a paradigm shift??

      • 0
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        Manisekeran,

        For a change, let us know what you propose? It is time those of your ilk do so.

        What will the Google map do? It will show those rational and sensible in Sri Lanka, the scale of the land issue in the North Valikamam – KKS sector.

        Do not use big words like slavery, suffering etc., from a safe distance. I have just returned from Jaffna. The railway line to Jaffna is rapidly and visibly taking shape and the people are overjoyed that they will be be soon back in the modern world, after a long sojourn in the medieval age.

        Dr.RN

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          For a change, let us know what you propose? It is time those of your ilk do so – let northern PC election is over to answer this.

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            Are you pinning your hopes in the NPC? It will be a mirage like many others before, including the LTTE cuckoo land, unless TNA adopts a completely different strategy.

            Dr.RN

      • 0
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        Manisekaran,

        There is also an attempt to acquire 1000+ acres by the armed forces in the panama village in Amparai- a Sinhalese area . Land acquisitions by the state are becoming a national issue.

        Dr.RN

        • 0
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          Yes I read it in CT. Let us wait how justice is provided to these two communities by same court.

  • 0
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    IT IS QUITE CLEAR, OF THE INTENTIONS OF THE RAJAPAKSHE GOVT; IN TRYING TO GRAB THE LARGE AREAS OF THE {WHAT WAS DECLARED A HIGH SECURITY ZONE}
    TO ESTABLISH A SINHALA EELAM, IN THE NORTH AND EAST. ANY APPEALS TO THE JUDICIARY CONTROLLED BY A SINGLE,INDIVIDUAL {EXEC;PRESIDENT}, WILL
    BE ONLY THE CHOSEN TRAJECTORY OF SELF DESTRUCTION.{DIVINE POWER, WILL
    PRECEDE,AS IN MANY A CASE, THE WRITING IS ON THE WALL,TAKE HEED].

    ANY ACTS OF REDEMPTION,BY THE GOVT; AT THIS STAGE, WILL BE SEEN AS A SIGN OF FUTILITY, BY A MANIAC LED GOVT; BULLDOZING ALL PREVAILING RULE OF LAW, AND NO BETTER THAN VP. PEIKINGS INVESTMENTS,ARE SELF MOTIVATED,
    IN THE ISLAND COLONY,AND ITS FAVOURABLE SEA HUB AND CARRY NO GURANTEE
    OF STABILITY, AS PERCIEVED. THE NOT SO DISTANT,RUMBLINGS,ACROSS THE WATERS,OF THE ISLAND,BEAR HIDDEN TESTIMONY,.
    (CHOGM MANOUVERING,NOT WITHSTANDING,AND INDIAN HYPOCRISY,AS ALWAYS THE CASE}

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