Through CA (Writ) 135/2013, 702 more Jaffna Tamils have challenged the purported acquisition on similar ground to the 1474 petitioners in CA (Writ) 125/2013, and further complain that the so-called acquisitions are being done in a manner that prevents them from objecting to acquisition on important grounds, such as denial of their rights under Tesawalamai, the personal law of Tamils of the Jaffna Peninsula.

We publish below the petition in full;

In  The  Court  Of  Appeal  Of  The  Democratic Socialist  Republic Of Sri Lanka

In the matter of an application under Article 140 of the Constitution for Mandates in the nature of Writs of Certiorari and Prohibition

CA (Writ) Application No:  135/2013

1. Tharmalingam Navaratnam of Hospital Road, Achchuvely South, Achchuvely
2. Ilayathamby Ponnampalam of Hospital Road, Achchuvely South, Achchuvely
3. Manogowry Suthakar of Pathameni, Achuveli.
4. Thankamma, nee Katheresu, widow of Sellathurai  of Sannathe Road, Achuveli
5. Kiddinan Parameswari of Puttur West, Navakkiri
6. Jeganthy  Nakendram of Puttur West, Navakkiri
7. Selvarani alias Selvamaney,  widow of Kunapalasinkam  of Urumbiri West, Urumbrai
8. Poomany Muthuthamby of Urumbirai South, Urumbirai
9. Indra, widow of Sinnathurai of Puloli West, Point Pedro.
10. Rathnam, widow of Sellaiah of Puloly North, Point Pedro
11. Kathiresan Rasanatham of Meesalai east, Meesalai.
12. Sinnathamby Gunaratnam of Puloly North East, Point Pedro
13. Sinnathamby Eswary of Puloly North East, Point Pedro.
14. Pasupathy Theivendram of Ureli East, chunnakam.
15. Nakalingam Murugiah of Alaveddy North, Alaveddy.
16. Nakuleswary Murugiah of Alveddy North, Alaveddy.
17. Inparani Vickneswaramoorthy of Earlalai East, Earlalai.
18. Nageswary Ponnuthurai of no. 10, Avarankal.
19. Pathmalosini Subramaniam of Pillaiyar Illam, Alaveddy North
20. Sivanathan Sarathadevi of Mather’s Lane, Manipay.
21. Vallipuram Mahalingam of Kalasalai Veethy, Thirunelvely North.
22. Theivanaipillai Navaratnam of Atchuvely Centre, Atchuvely.
23. Sinnathambi Ravi of Konapulavairavar Kovilady,Mallakam.
24. Sellaiah Neethiraja of Atchuvely West, Atchuvely.
25. Sivagnanam Sellamuthu of Kulukandy Lane, Kopay South
26. Muthukumaru Gunaratnam of Vadakomparai,  Chulipuram.
27. Rasalingam Poomani of Kuppilan North, Kuppilan.
28. Sulosana Jeyathasan of Puthuveedu Kurukampani, of Kankesanthurai.
29. POAH: Sulosana Jeyathasan of Puthuveedu Kurukampani, Kankesanthurai.
30. Rayappu Benedict of 399, Main Street,  Jaffna.
31. Sivagnanam Sukumaran of Nagalingam Road, Kokuvil West.
32. Pandarinathan Kunalan of Keniyady Kuppilan North
33. Vallipuram Ladsumy of 162, Navalar Veethy, Jaffna.
34. Varapragasam Antonyta Jeyakumary of Chetty Seema Lane, Atchuvely.
35. Sellammah Ilayathambi of Urelu East Chunnakam.
36. Thavamani Kandasamy of Tellippali East, Tellippalai.
37. Sinnarasa Ladsumy of Alaveddy East, Alaveddy.
38. Iyankan Thiroviyam of Urumpirai South, Urumpirai.
39. Sivasubramaniam Saravanapavan of Inuvil South, Inuvil.
40. Veluppillai Balasubramaniam of Urumpirai North Urumpirai
41. Gowri Satkuneswaran nee Sornalingan of Urumpirai West, Urumpirai.
42. Vairamuthu Palasekaratnam,alias Sivapalaratnam of Punnalaikadduvan south, Chunnakam.
43. Soosaipillai Mariya Gnanenthiran of 32/28, Press Lane, Jaffna.
44. Subramaniam Rasammah of Suthumalai Road, Thavady.
45. Appukuddy Kanapathippilai of Suthumalai Road, Thavady
46. Sivalai Ponnampalam of Kopay Road, Urumpirai.
47. Ranjinidevi shanmuganathan of Kopay Road, Urumpirai.
48. Kandaiah Rasathurai of Palaly road, Urumpirai North.
49. Puvanayakapaku Mankayatkarasi nee Appathurai of Earlalai North, Earlalai.
50. Thampaiah Kathiramalai of Amman Veethy, Thirunelvely.
51. Jeyanthy Kathirkamanathan of Courts road, Mallakam
52. Mallikadevi Thevarasa of Kadduvan West, Tellippalai.
53. Kandiah Parameswary of Mavaikaladdy Tellippalai.
54. Kandaiah Kanagalingam of Eranthanai, Puttur.
55. Jeyaratnam Pusparani of Uduvil West, Chunnakam
56. Navaratnam Annapackiam of Alaveddy East, Alaveddy.
57. Ampalavanar Sriranganathan of Tholpuram West, Chulipuram.
58. Kandaiah Manoharan of Siruppidy West, Neervely
59. Vimaladevi widow of Panchadsaram of Hindu College, Lane, Urumpirai.
60. Vairamuthu Jeyapavani of Urelu West, Chunnakam
61. Kovinthan Karunavathy of Atchuvely North, Atchuvely.
62. Pusparasa Mekala of Atchuvely North, Atchuvely.
63. Kathirkamamuthali Shanmugathasan of Suthumalai North, Manipay.
64. Kathiramu Thiyagarajah of Manchathady, Inuvil.
65. Anitha Thanarajah nee Thiyagarajah of Ramanathan Veethy, Jaffna.
66. Sumathy Rasaratnam of Arasady Veethy, Suthumalai
67. Thambu Nageswary of Arasady Veethy, Suthumalai
68. Kanthasamy Vijayajeevan of Serukapulam Tellippalai.
69. Yogaratnam Mayooran of 90, Champion Lane, Kokuvil.
70. Ratnasingan Nanthini of Sabapathpillai Veethy, Chunnakam.
71. Valli Naguleswary of Uduvil East, Uduvil.
72. Nishanthy Sivaharan of Earlalai West, Earlalai.
73. Suntharamoorthy Somaskanthamoorthy of Vaddu East, Sithankerny.
74. Pusparajah Rasaldsumy of Ilavalai North, Ilavalai.
75. Rasathurai Kantharasa of Kondavil East, Kondavil.
76. Ponnaiah Kanesanantham of Kottawaththai ,Valvettithurai
77. Vijayarani Kunarasa of Suthumalai East, Arasady Veethy, Manipay.
78. Balachandramoorthy Ranesh of Urumpirai North, Urumpirai.
79. Sellan Paramasivam of Sakthi Illam, Kondavil
80. Kandaiah Ratnam of Neervely Centre, Neervely.
81. Cilamont Moses of Udupiddy Road, Thondaimanaru
82. Sivarajasingam Nesaranjini of  Keniyady Kuppilan North.
83. Ponnampalam Kandaiah of Puttur West, Puttur.
84. Sellammah Sivasambu of Imaiyanan West, Uduppiddy.
85. Thambaiah Jeyarajah of Karaikal Veethy, Inuvil.
86. Rasaratnam Rasakumar of Madathady Veethy, Kandarodai.
87. Sinnappu Vijayaratnam of Raja Veethy Kopay South.
88. Kandaiah Tharmalingam of Kallakadduvan, Chunnakam
89. Kanapathipillai Parameswary of Neervely North, Neervely.
90. Maheswary Thavamani of Nayanmarkaddu, Nallur.
91. Iyampillai Uruthiramoorthy of Suthumalai Centre, Manipay.
92. Valarmathy Ravichandran of Suthumalai North, Manipay.
93. Rettammah Vethanayagam of 29/10 Maruthady Veethy, Jaffna.
94. Margret, widow of Benadict of 29/10, Maruthady Veethy, Jaffna.
95. Karuval Vilvakily of Nedunkulam, Colombothurai.
96. Vaithy Subramaniam of Manatpulam, Alaveddy.
97. Navamani, widow of Vellimalai of Konavalai Vasavilan.
98. Vijayamala Manoharan nee Rasanayagam of Pathirakalikovilady, Thirunelvely.
99. Parasakthy Kanagarajeswaran of 5/5 Periyamathavady Chunnakam South.
100. Maickal Simiyon of Uduvil Road, Manipay.
101. Pethurupillai Mariyaseelan of Karunananithy  Community Centre, Valvetty.
102. Pillaiyan Kantharuban of Aluvai West, Point Pedro.
103. Pooranam Ponnuthurai of Konappulam, Mallakam.
104. Subejini Nagalenthiran of Konappulam, Mallakam.
105. Thevarany Velthasan of Chunnakam East, Chunnakam
106. Balasaroja Kandasamy of Shandilipay Centre, Shandilipay
107. Annapakkiyam Maical of Niddilupay Pillayar Kovilady, Kondavil.
108. Nagesu Thillaivasagar of New Chemmany Veethi, Kalviyankadu, Nallur North.
109. Moorthy Kidnar of Neethavam,  w.c. Mallakam.
110. Kathiresu Mahenthiram of KKS Veethy, Mallakam.
111. Rasathurai Rasakumar of Puttur East, Puttur.
112. Thambaiya Kathiramalai of Amman Veethi, Thirunelveli.
113. Kanagaratnam Rajeswaryammal of Pannalai, Tellippalai.
114. Vallipuram Visvalingam of Power Station Road, Chunnakam.
115. Velayutham Vickneswaran of Sabapathipillaiveethi, Chunnakam South.
116. Ilayathambi Sivathasamoorthi of Pandarikulam, Vavuniya.
117. Parashakthi Ramachandran of Kirula Road, Narahenpita.
118. Karthigesu Vishnanthamoorthy of Karaveddy East, Karaveddy.
119. Parameswary Udaiyar of Alaveddy North, Alaveddy.
120. Bajini Bakeerathan nee Palasekaram of Vada Liadaippu, Pandatharippu.
121. Siththam Kandasamy of Kopay Road, Urumpirai South, Urumpirai.
122. Isai Ganananthy, widow of Poopalasingam nee Thanapathipillai of Urumpirai       East, Urumpirai.
123. Sellar Arulpiragasam of Kurumankadu, Vavuniya.
124. Ponnuthurai Thavarasa of Mayfield Road, Kotehena.
125. Sellathurai Eeshwarapalan of Pandarikulam Vavuniya
126. Sivashakthi Ilyathampi of Thavady North, Thavady.
127. Subramaniyam Kandaseelan of Abayapura, Thirukonamalai.
128. Inayeswary Joganathan of Vaanveethi, Puttalam.
129. Muththulingam Sivarasa of E.S. Fernando Road, Wellawatte, Colombo 6.
130. Maharangini Eeshwaranantham of Initium road, Dehiwela.
131. Ponnambalam Karalasingam of Kannagasabi Road, Manipay.
132. Selvamanikkam Thanaluxmy  of Tetikkapulam, Tellipai.
133. Jeyarani Pannerselvam, nee Poopalasingam  of Suvanthirapuram, Vasavilan.
134. Saraswathi Thampiya of Suntharapuram, Vasavilan.
135. Nagendra Akileswary nee Mahalingam of Sri Perera Mawatha, Colombo 13.
136. Loganathan Prammatesan of Kenniyady, Kokuvil West, Kokuvil.
137. Kanapathipillai Sivasukumaran of  91A, Sri Shangarajah Road, Kalubowila,           Dehiwela.
138. Muththuthambi Sivasubramaniyam of Madduvil South, Chavakachcheri.
139. Maheswari widow of Annamalai of Thavady South, Kokuvil.
140. Kanmalar widow of Ramachandran of Thavady East, Kokuvil.
141. Tharaka Kiruparasa of Manipay South, Manipay
142. Subramaniyam Kanagalingam of Udaiyarkaddu, Puthukudiyiruppu.
143. Sivapalan Thuruparan of Udaiyarkaddu South, Mullaitheivu.
144. Uthayaseelan Kaadimathi of Paththameni Atchuveli.
145. Premalath Baskaran nee Poothan of 29, Channel Lane,Thirukonamalai.
146. Vallipuram Thiruchelvam of Sarasalai Centre, Chavakkachcheri.
147. Sellaiya Kandaiya of Karanavai Centre, Araveddy.
148. Sarashwathy Chandrasekaram nee Kanapathipillai of Neerveli North,         Neerveli.
149. Roman Charles Xavier Nesaraja of Bishops’ House, Jaffna.
150. Balasubramaniyam Rasaththy of Onampalai Road, Kokuvil.
151. Veluppillai Vimalasingam of Arali Road, Chankanni.
152. Kandaiya Subramaniyam of Thoppu Achuveli.
153. Thiyakarasa Selvarani of Kanapathipillainagar, Sangaladi – 01.
154. Mahendran Yokarani of Sengaladi Batticaloa.
155. Sathananthanayagam Navamani of Kokuvil East, Kokuvil.
156. Karunanayaki Athikarsingam nee Singanayagam of Chunnakam West,        Chunnakam.
157. Nagaratnam Kirushanthi of Mannar road, Vavuniya.
158. Ratnam Srikanthan of Kilavithottam, Karaveddy East, Karaveddy.
159. Sellaiya Sivamalar of Maamangam, Mattakalappu.
160. Yasotha Jeyakumaran of 47 – 1/1 Station Avenue, Colombo 6.
161. Yasothai Sivapathashakthi of St. James’ Mahavidyalam, Kurunagar.
162. Palani Nagamuththu of Vevan Road, Point Pedro.
163. Paramalingam Mahendirasa of Inuvil West, Chunnakam.
164. Kandasamy Puvaneswary of Pannalai Tellippalai.
165. Thilakarani Sharvanantham of Kopay South, Kopay.
166. Sivalingam Sivashakthi of Sundarapuram, Vasavilan .
167. Paramsothy Sivanan of Nunavil East, Chavakachcheri.
168. Rasan Nirmaladevi of Chunnakam South, Chunnakam.
169. Gnaneswary widow of Thiyakaraja of Chunnakam South, Chunnakam.
170. Vythilingam Yokeswaran of 21/1, Kumarasamy Road, Kandarmadam, Jaffna.
171. Yalini Yogeswaran 21/1 Kumarasamy Road, Kandarmadam, Jaffna.
172. Sebamalaiamma Sebamalanayaki alias Jesuthas of Thumbalai, Point Pedro.
173. Amarawathy Nagamany of Chunnakam South, Chunnakam.
174. Senthuja Pathmaraj of Manipay North east, Manipay.
175. Sivamany Thillainadarasa of Earlalai North, Earlalai.
176. Sinnar Sarawanamuthu of Atchuveli South, Atchuveli.
177. Paramananthan Nirmalasekaran of Alaveddy North, Alaveddy.
178. Kandaiya Meenachchi of Neerveli North, Neerveli.
179. Aarumugam Thambirasa of Neerveli North, Neerveli.
180. Muththurai Thilakarasa of Chunnakam South, Chunnakam.
181. Sinnathambi Sivaraja of Kokuvil East, Kokuvil.
182. Muthathambi Selvarasa of Kokuvil East, Kokuvil.
183. Kamilini Manoharan of Park Road, Colombo 5.
184. Vanaya Srirangan of Hamilton Lane, Wellawatte, Colombo 6.
185. Vallipuram Rasathurai of Uduvil East, Chunnakam.
186. Thambipillai Shanmugasundaram of Thavady North, Kokuvil.
187. Thanikasalam Kunamany of  Nanthavil Road, Kokuvil.
188. Shivapathamalar Sinnaiya of Madduvil South, Chavakacheri.
189. Subramaniyam Kengathevi of Earlalai Centre, Earlalai.
190. Poomani Kandaiya of Uduvil North, Chunnakam
191. Jeyalaxmiamma Sivasami of Urumpirai North, Urumpirai.
192. Ranjitha Rani Kanakaratnam nee Shanmugam of Vaddu East, Silhankerni.
193. Vairamuththan Sivanesan of Vasivalan South, Tidarpulam.
194. Mahadevarani Pusparaja of Unit 1, Mulhiyawalai.
195. Mary Anne Selvanayakam of Alvai North West, Alvai.
196. Mary Stella Mariyaxavier of Mulhivaikkal, Mullaiteivu.
197. Tharsan Varuthapirabalini of Moraiveva, Trincomalee.
198. Sellan Thirunavakkarasu of Irasa Veethi Kopai.
199. Sellappa Balasundaram of 48/13, 1st Lane, Point Pedro Road, Jaffna.
200. Sivakala Balachandran of Pulloli North, Point Pedro.
201. Kandaiya Kanakasabai of Iyanan Road, Sandillippai.
202. Yokalaximi Chandrasekaran of Chunnnakam South, Chunnakam.
203. Kanakasapai Pakthi Manokaran, Thambasaiddy, Point Pedro
204. Thankarasa Vijitha, Lighthouse lane, Point Pedro
205. Kanakaraththinam Kanakesvaran, Thunalai Centre, Karaveddy
206. Sivanthiny Irajesvaran, Thambasiddy, Point Pedro
207. Arumukam Pavalakanthan, Varnavai Centre, Karanavai
208. Santhiranvathaney, wife of Francis, Inbersiddy, Point Pedro
209. Jokarani Uthajasoorthan, Puloley West, Point Pedro
210. Nakarani Sountharajan, Thumbalai, Point Pedro
211. Sittampalam Paramasivam, Surudikulam, Tharmapuram, Kilinochchi
212. Anantham Ravichanthiran, Athikovil, Point Pedro
213. Pusparaney wife of Pusparaja, Patthirakali Kovil Road, Point Pedro
214. Makesvarey Vijayarasa, Thenipillaiyarkovil, Point Pedro
215. Kathirippillai, Siva Anbu, Vajambarimoolai, Point Pedro
216. Ananthamalar wife of Sivananthavel, Thumbalai, Point Pedro
217. Sarojineythevi Pirabakaran, Imaijanan, Upupiddi
218. Valipuram Ehanathan Alias Ehanathan, Imaijanan, Uduppidi
219. Pethuruppillai Tevarthiravijam, Aseervatham Lane, Valveddythurai
220. Veluppillai Sivapathasuntharam, Periyakadu, Valveddithuray
221. Veluchamey Selvachsivakumar, Polleykandy, Valveddythuray
222. Alinkaruna Jeyaseelan, Polleykandy, Valveddythuray
223. Soosaipillai, Irasanayakam, Thambasiday, Point Pedro
224. Popathy Amma Sellathuray, Sinnakolaney, Valveddythuray
225. Sithamparapillai Paramarwantham, Redbana, Visvamadu
226. Kathirippillai Ananthasivam, Athiyadi, Point Pedro
227. Pillaiyakuddy Kunabalasingam, Grani, Valveddythuray
228. Ammankili Irajappu Iruthajanantham, Puloley West, Salambi
229. Puvaneswary Amma Thamakulasingam, Thikkam, Point Pedro
230. Alakarani Mokan, Inuvil West, Inuvil
231.  Nakamaney Vadivesvaran, Thumpalai, Point Pedro
232. Manonmaney wife of Thankavelautham, Inbersiddy, Point Pedro
233. Anparasey wife of Raveenthiran, Inbersiddy, Point Pedro
234. Marikolunthay wife of Sinnathurai, Inbersiddy, Point Pedro
235. Ravi Prasanthini, Alvai, Point Pedro
236. Iletsumy wife of Sellathurai, Udupiddy, Point Pedro
237.  Polinjejarani wife of Anjali, Thumbalai, Point Pedro
238. Kunaletsumy Ravi, Alvai, Point Pedro
239. Rakkiniamma wife of Lawrence, Thumbalai, Point Pedro.
240. Sivaranjini Vijayaseelan, Vijaparey Moolai (Thenjam), Point Pedro
241. Santhirasekarampillai Santhiralingam, Thambasiddy, Point Pedro
242. Ilayathambi Thankavadivel, Thambasiddy, Point Pedro
243. Mathiyasu Mariyaratthinam, Salaiyadi, Point Pedro
244. Veerarathi, Selvakathiramalai, Thambasiddy, Point Pedro
245. Arulanantham Meri Josap, 4th Street, Point Pedro
246. Madutheen Anthonipillai, Kaddupalami,  Tondamanaru
247. Najesvary wife of Rathinasingam, Thikkam, Point Pedro
248. Sivasamey Supiramaniyam, Thikkam, Point Pedro
249. Nakesvarey Gnanarasa, Vijabarimoolai, Point Pedro
250. Murukuppillai Sarojathevi, Vijabarimoolai, Point Pedro
251. Muththaija Sivanananthavel, Thikkam, Point Pedro
252. Subramaniyam Sriskantharasa, Vijabarimoolai, Point Pedro
253. Baskaran Alias Velautham Sritharan,  Thumbalai, Point Pedro
254. Thankamajil wife of Nakarasa, Vijabarimoolai, Point Pedro
255. Irajaluxmi Irajaradnam, Vijabarimoolai, Point Pedro
256. Nadaraja Thankaraththinam, Vijabarimoolai, Point Pedro
257. Santhirasekaram Irasalingam, Thikkam, Point Pedro
258. Appukkuddy Thurairasa, Inbersiddy, Point Pedro
259. Latha Tharmakulasingam, 1st Street, Point Pedro
260. Kamalesvarey Nadesamoorthy nee Kanapathypillay, Vijabarimoolai (Theni Annai), Point Pedro
261. Anthoneypillai Anthanputhumarinajayam, Thikkam, Point Pedro
262. Nadarasa Kunaradnam, Thikkam, Point Pedro
263. Kamalarani Sateeskumar, Thumbalai, Point Pedro
264. Sooriyakanthy wife of Sivalingam, Theni Amman Kovil Point Pedro
265. Pathnathar Meri Grae Patima, Munai, Point Pedro
266. Ariyakuddy Hariharan, Theni Amman Kovil, Point Pedro
267. Vara Pirakasam King Roddiko, Thumbalai, Point Pedro
268. Arunasalam Sathasivam, Poleykandy, Point Pedro
269. Gabrible Sabamalai, Theni Amman Kovil, Point Pedro
270. Santhirasekarampillai Sathilingam, Thumbalai, Point Pedro
271. Sellamma Sinnadurai, Navagurai, Putter
272. Sitharamparappillai Rasathurai, Thopu, Acathuvveli
273. Valli Soman, Kumpalai, Alavedi East
274. Kanapathi Navaratnasamy, Manavatpulam, Alaveddy East
275. Karuneswaran Mari Anretra, 50/33, Setti Street, Nallur
276. Sivasubramaniyam Ratnakumar, 4H, Alady Veethy, Thonikal, Vavuniya
277. Sivapalasundaram Sivananthakumar, 352, Goodset Road, Vavuniya
278. Muralithran Sitharadevi, Alaveddi South, Alaveddi
279. Sellathurai Thivendran, Thumpalai, Alaveddi
280. Velluppalai Puspanathan, Sooravathai, Chunnakam
281. Pavalakoddy wife of Ratnanantham, Sooravathai, Chunnakam
282. Sanpakasunderam Mahajanavathy, 36, Karapankadu, Station Road, Vavuniya
283. Umananthani Uruthara, 36, Karapankadu, Vavuniya
284. Alagarasa Vimalathevi, Thevadi Junction
285. Eswaran Rasaratnam, Thevadi North, Kokuvil
286. Sinnappu Gunaratnam, Suthumalai South, Manipay
287. Sinnappu Navaratnam, Nageswary School Lane, Chunnakam
288. Pakiyanathar Antoni Sathasaharajah, Sillalai, Pandatharipu
289. Antonay Sathasahajarajah Merignesi Amma, Sillai, Pandatharipu
290. Vellipuram Kumarasamy, Mylani, Chunnakam
291. Kalananthani, Kumarasami, Mylani, Chunnakam
292. Nevatheka Basharan, Erlali East, Erlali
293. Santhiyappillai James Pushparasa, 210, Ramanathan Road, Kantharmadam
294. Theivannapillai wife of Nagalingam, No. 5, Konesapuram, Orss Hill, Konesapuram, Trincomalee
295. Innasimuthu Alosispouse, Avarangal, Puttur
296. Merymagalin Gnampigai wife of Antonipillai, No. 3, Moolai Lane, Jaffna
297. Markandu Ludchumanan, Anaikuddy Mathavady, Tellipalai
298. Velan Singarasa, Uyarappulam, Elavalai
299. Aththanas Nesaiya Varappiragasam, Seddyseema Lane, Acthuveli
300. Veerasamy Theventirarasa, Manipay Road, 5th lane, Uduvil
301. Jeyakaran Uthayakumary, 391, Navalar Road, Nallur

PETITIONERS

                                                -Vs-

 

1. A. Sivaswamy,

Land Acquiring Officer – Jaffna District

District Office,

District Secretariat,

Jaffna

1. Janaka Bandara Thennakoon,

Minister of Lands and Land Development,

Ministry of Land and Land Development,

Mihikatha Medura,

Rajamalwatta Avenue,

Battaramulla

1. Land Survey Officer – Jaffna District,

District Office,

District Secretariat,

Jaffna

                                                          RESPONDENTS

TO: HIS LORDSHIP THE PRESIDENT AND THEIR LORDSHIPS THE OTHER JUDGES OF THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

The Petition of the Petitioners above-named appearing by RAJ MOAHAN BALENDRA practicing in the name style and firm of

SINNADURAI SUNDARALINGAM & BALENDRA

and his Assistants LAWRENCE PATABENDIGE MANOJI SAMANKUMARI and SHAKILA UDAYANGA SANTIYAGO their Registered Attorneys state as follows:

1. The Petitioners are citizens of the Republic. They own land located within the area described in the notices purporting to be in respect of Section 2 of the Land Acquisition Act which appeared on or about 20^th April 2013 on several trees in areas just outside the barricades on the Kankesanthurai Road at Tellipallai.

A photograph of a purported notice under Section 2 of the Land Acquisition Act signed by the 1^st Respondent and affixed to a tree is annexed hereto marked ‘P1’ and pleaded as part and parcel hereof.

2. The Petitioners are directly and personally affected by the said purported notice as they are owners of separate and individual parcels of lands situated within the area described in ‘P1’. The Petitioners respectfully seek the permission of Your Lordships’ Court to dispense with the requirement to tender the title deeds of the Petitioners other than the 1^st Petitioner in view of the very large volume of documentation involved. The Petitioners respectfully state that true copies of the title deeds of the other Petitioners will be available with the Registered Attorneys. The Petitioners also seek the indulgence of Court to reserve the right to tender the title deeds if and when required to do so by Court.

A copy of the 1^st Petitioner’s title deeds is annexed hereto marked ‘P2’ and pleaded as part and parcel hereof.

3. The 1^st Respondent is the Land Acquiring Officer for Jaffna and is principally responsible for issuing the purported notice more fully described hereinafter, and which the Petitioners seek to challenge through the present application. The 2^nd Respondent is the Minister for Lands and Land Development, under whose direction the 1^st Respondent is empowered to issue notices under Section 2 of the Land Acquisition Act, and who has issued the purported Order in terms of Proviso [a] to Section 38 of such Act, which also the Petitioners seek to challenge through the present application. The 3^rd Respondent is the Land Survey Officer, Jaffna District who is empowered by the said notice to carry out certain functions.

4. The Petitioners state that on or about 20^th April 2013, several notices in the Tamil language alone purporting to be notices under Section 2 of the Land Acquisition Act were posted in the manner and place described in paragraph 1 of this Petition.

5. The Petitioners state that the said purported notices were dated 27^th April 2013, even though they were made public several days prior to the date on the said notice.

6. The Petitioners state that the said notices state in Tamil, inter alia, that ‘one land in the schedule provided hereinbelow is required for a public purpose’ and describes the area subject to the purported notice to be 6381 acres, 38.97 perches and goes on to describe the reason for the supposed land requirement as ‘Defence Battalion Headquarters [Jaffna] – Regularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established.’

7. The Petitioners state that the extent of the area indicated is massive, constituting approximately 25.8 square kilometres. It is therefore more than two-thirds the entire land area on which Colombo City (which spans an area of 37.21 kilometres squared) is established.

A copy of a map of the Colombo area with approximately 6384 acres depicted as the extent enclosed within three marker points is annexed to this Petition marked ‘P3’ and is pleaded as part and parcel hereof.

8. The Petitioners state that they own substantial tracts of land that fall within the area specified in the purported notice ‘P1’. The Petitioners were displaced from their lands during the war, and after the cessation of hostilities the Petitioners sought to return to their private lands. However, regretfully, the Petitioners were unlawfully and wrongfully prevented from returning to their lands, including by the erection of barbed wire fences and barricades manned by armed forces personnel.

9. The Petitioners state that the state security forces have continued for many years to remain in possession of the area indicated in ‘P1’. The Petitioners are advised and state that such possession is in violation of the law.

10. The Petitioners state that on or about 15^th May 2013, they became aware that a purported Order in terms of Proviso [A] to section 38 of the Land Acquisition Act [as amended] and in respect of inter alia the Petitioners’ lands had been issued by the 2^nd Respondent and was gazetted in Gazette Extraordinary No. 1807/23 of 26^th April 2013. The said Gazette indicates that the purported Order was issued on 24^th April 2013.

A copy of Gazette Extraordinary No. 1807/23 of 26 April 2013 is annexed to this Petition marked ‘P4’ and is pleaded as part and parcel hereof.

11. The Petitioners state that their links to their lands in the Northern Province are crucial to their identity. The Petitioners state that Tamil inhabitants of the Province of Jaffna are governed by Tesawalamai, an ancient and advanced Personal Law which has applied for centuries, to Tamil persons of the Jaffna Province and their families, who have retained their distinct identity within Sri Lanka for generations. The Petitioners state that in fact, the said Tesawalamai ancient system of Personal Laws, has been recognised and implemented by the Courts of Sri Lanka for centuries.

12. The Petitioners state that the said Tesawalamai applies to Tamil persons of the Province of Jaffna and their families, provided they have not given up links to their land in the Jaffna Province. Thus, the Tamil People of the Jaffna Province have proud and inveterate cultural links to their traditional lands, which is reflected in Tesawalamai itself.

13. The Petitioners accordingly yearn to return to their traditional lands and homes and entertain a legitimate expectation of being permitted to realise their right to resume and/or enjoy their links to their lands in the Northern Province. The Petitioners state that in all the relevant circumstances, any programme of action to exclude them from their traditional lands to which they have not given up the intention to return, and which they long to use and enjoy is extremely arbitrary and unreasonable.

14. The Petitioners are advised and state that in the circumstances, the taking of steps to issue a purported notice under Section 2 and/or under Section 38 Proviso [A] of the Land Acquisition Act (as amended) is arbitrary and unreasonable.

15. The Petitioners further state that where such a large extent of land (approximately 25.8 square kilometres/6381 acres) of land is intended to be acquired, resulting in mass dispossession of persons from their traditional lands with which even the distinct personal Laws recognise as central to their ethno-cultural identity requires, in order for any steps under Section 2 of the Land Acquisition Act to be ‘reasonable’, the following steps require to be taken:

(a)      There must be proper and adequate disclosure of the precise reason(s) for such proposed dispossession to be effected, in as much as the purported ‘reason’ set out in the impugned purported notice under Section 2 of the Land Acquisition Act, so that precise objections thereto could be made by the Petitioners and others similarly affected;

(b)     The Petitioners and others similarly affected ought to be adequately informed of the reason as to why such a large extent of their traditional lands is sought to be acquired to the detriment of the Jaffna Tamil community’s links to their traditional lands, particularly in the context of a cessation of armed conflict in the island for many years; and

(c)      The Petitioners and others similarly affected ought to be informed of any purported reason for proposed acquisition, in a manner that would enable and permit them to state their precise objections, including implications to their personal laws, traditional rights and various aspects pertaining to their respective properties.

16. The Petitioners state that the failure and/or refusal to properly and adequately inform them of the precise reason for the acquisition of their lands under Section 2 of the Land Acquisition Act, has denied them the ability to make proper objections to the purported acquisition of their respective lands.

NO PUBLIC PURPOSE

17. The Petitioners state that the purported notices ‘P1’ are unlawful, in that the said notices refer to “regularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established” despite the lands within the area specified in the notice not forming part of any High Security Zone recognised by law.

18. The Petitioners state that in any event, with the lapse of the state of emergency in 2011, all previously existing High Security Zones established by Emergency Regulations also ceased to exist.

19. The Petitioners state, therefore, that no public purpose is served by the acquisition of any land in the Jaffna peninsula for regularising “handover of area on which High Security Zone is established,” since no such Zones ever existed or continue to exist.

INTERNAL INCONSISTENCY AND INCONSISTENCY WITH SECTION 4 OF THE LAND ACQUISITION ACT

20. The Petitioners state that while paragraph 1 of the purported notice ‘P1’ states that the Minister has directed that “a land” in the “area” indicated in the Schedule is necessary for a public purpose, paragraph 3 which sets out the purpose of the intended acquisition states “Defence Battalion Headquarters [Jaffna] – Regularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established.”

21. The Petitioners state further that while paragraph 1 of the purported notice ‘P1’ states that the Minister has directed that “a land” in the “area” indicated in the Schedule is necessary for a public purpose, paragraph 2 which contains such Schedule describes the area contained in such schedule as “a land”.

22. Thus and otherwise, paragraph 3 of ‘P1’ indicates that the entirety of the land described in the schedule would be acquired for the purposes set out therein.

23. Thus, the Petitioners state that paragraph 1 of ‘P1’,which indicates that “a land” within the area indicated in the schedule is necessary for a public purpose, is inconsistent with paragraph 2 of ‘P1’which identifies the entirety of the area contained in the schedule as “a land”.

24. Furthermore, the Petitioners state that paragraph 1 of ‘P1’ which indicates that “a land” within the area indicated in the schedule is necessary for a public purpose, is also inconsistent with paragraph 3 thereof, which indicates a purpose that by necessary implication contemplates the acquisition of the entire area referred to in paragraph 1 and 2, and not merely “a land” within such area.

25. Thus and otherwise, the Petitioners are advised to state that ‘P1’ is self-contradictory in nature, and is therefore irrational, unreasonable, arbitrary and capricious.

26. The Petitioners state that Section 4 of the Land Acquisition Act contemplates only a “particular land” within the larger area indicated in a Section 2 notice being acquired. Therefore, since paragraphs 2 and 3 of ‘P1’ set out that the entire area indicated in the said notice is to be acquired, the Petitioners are advised to state that these paragraphs – and consequently ‘P1’ in its entirety – are inconsistent with and ultra vires Section 4 of the Land Acquisition Act.

PARAGRAPH 4 UNREASONABLE AND EVIDENCES INTENTION TO EVADE STATUTORY OBLIGATION TO PROVIDE SECTION 4 NOTICES TO OWNERS

27. The Petitioners state that paragraph 4 of ‘P1’ states “Person claiming ownership over the land: cannot be identified”.

28. Without prejudice to the claim that only “a particular land” may be acquired through the process set out in the Land Acquisition Act and not an entire area within which such land is situated, the Petitioners state that there are many thousands of owners – including the Petitioners – of the numerous parcels of land situated within the approximately 6381 acres/25.8 square kilometres specified in paragraph 2 of ‘P1’.

29. The Petitioners have repeatedly interacted with State functionaries and are easily identifiable. Many Petitioners have been listed by the State as “displaced” and consequently received state support while in ‘welfare camps’.The Petitioners further state that a large number of the Petitioners consequent to their being refused permission to return to their lands yet languish in these ‘welfare camps’ established by the State.

30. The Petitioners state therefore that it is patently unreasonable for the 1^st Respondent to now claim that all of the owners of the several thousands of plots of land situated within the area specified by the Schedule are unidentifiable.

31. The Petitioners state that they reasonably apprehend that the claim in paragraph 4 of ‘P1’ is an attempt to evade the statutory duty imposed by Section 4 of the Land Acquisition Act, which states that:

“Where the Minister considers that a particular land is suitable for a public           purpose….he shall direct the acquiring officer of the district in which that land is situated to cause a notice in accordance with subsection (3) to be given to the owner or owners of that land and to be exhibited in some conspicuous places on or near that land”

NON-COMPLIANCE WITH MATERIAL STATUTORY PROVISIONS

32. The Petitioners state that Section 2(2) of the Land Acquisition Act specifies that the notice referred to in subsection (1) shall be in the Sinhala, Tamil and English languages.

33. The Petitioners state however that the failure of the 1^st Respondent to publish ‘P1’ in all three languages, and only in the Tamil language, amounts to non-compliance with material statutory provisions, and is therefore illegal.

34. The Petitioners state that in light of the foregoing, the purported notice under Section 2 of the Land Acquisition Act marked ‘P1’ was occasioned mala fide, illegally and for improper considerations; does not evince a public purpose; is internally contradictory and therefore irrational, unreasonable, arbitrary and capricious; is ultra vires the Land Acquisition Act; evidences an intention to evade statutory obligations to provide notices to owners under Section 4 of the Land Acquisition Act; and does not comply with material statutory provisions. Thus and otherwise, the purported notice ‘P1’ is illegal, void ab initio and of no force or effect in law.

          UNLAWFULNESS OF ‘P4’

35. The Petitioners states that, in light of the above, ‘P4’ is illegal, void ab initio, and of no force or effect in law for the reason that ‘P1’ is illegal, void ab initio, and of no force or effect in law.

36. The Petitioners state in addition that an Order under proviso [a] to section 38 of the Land Acquisition Act [as amended] may be made only “where it becomes necessary to take immediate possession of any land on the ground of any urgency, at any time after a notice under Section 2 is exhibited for the first time in the area in which that land is situated or at any time after a notice under Section 4 is exhibited for the first time on or near that land.”

37. The Petitioners state that the state security forces are already in possession, albeit unlawfully, of the area specified in the purported Order ‘P4’. Therefore, the Petitioners state that as a matter of logical construction and law there can be no necessity for any person to take immediate possession of such lands on behalf of the State, as the State is already in unlawful possession of such lands.

38. The Petitioners are advised to state that proviso [a] to section 38 applies in cases where the land or lands concerned are not in the possession of the State. It is thus plainly inapplicable in cases where the State is already in possession of private lands.

39. The Petitioners state that the purported Order ‘P4’ was ostensibly not issued for the reasons permissible by law and that it was in fact issued to deny the Petitioners of recourse to rights and protections that are afforded to persons in respect of their lands in cases of land acquisition where proviso [a] to section 38 is not invoked.

40. Therefore, the Petitioners state that the purported Order ‘P4’ is ultra vires section 38 of the Land Acquisition Act, and was occasioned by mala fide considerations. Thus and otherwise, the purported Order ‘P4’ is ultra vires, unreasonable, offensive of the Principle of Proportionality, preceded by effective disregard for the Principles of Natural Justice, irrational and unfair. It is therefore unlawful, void ab initio, and of no force or effect in law. The Petitioners further state that the purported Order ‘P4’ is also contrary to and/or entirely inconsistent with the Doctrine of Public Trust.

41. The Petitioners further state that, grave and irreparable loss, harm and damage would be caused to the Petitioners and to the several owners of the thousands of plots of land situated within the area specified in the Schedule to the purported notice ‘P1’and the purported Order ‘P4’ unless the Respondents are restrained from continuing to act upon the purported notice ‘P1’ and purported Order ‘P4’. The Petitioners further state that implementation of steps on the basis of the said purported notice and the said purported Order will seriously compromise and erode the rule of law and statutory safeguards. Accordingly, the Petitioners state that unless the interim reliefs prayed for in this Petition are granted, the final reliefs prayed for in this Petition would be rendered nugatory.

42. The Petitioners make this application on the limited material available by reason of the time constraints imposed by the urgency of seeking the reliefs prayed for. Hence the Petitioners respectfully reserve the right to furnish such further material and/or add such other parties and/or effect such amendments to the Petition as subsequent revelations, disclosures and/or developments may necessitate.

43. The Petitioners have not previously invoked the jurisdiction of Your Lordships’ Court in respect of this matter.

44. The Affidavit of the 1^st Petitioner is appended hereto in support of the averments contained herein.

WHEREFORE the Petitioners respectfully pray that Your Lordships’ Court be pleased to grant and issue:

a)        Notice on the Respondents;

b)       An interim order preventing the Respondents, their servants and agents from taking any steps based on or in reliance upon the purported notice published under Section 2 of the Land Acquisition Act as amended “P1” until the hearing and final determination of this application;

c)        An interim order preventing the Respondents, their servants and agents from taking any steps to give effect to and/or act upon the purported Order published under Section 38 Proviso A of the Land Acquisition Act as amended “P4” until the hearing and final determination of this application;

d)       A mandate in the nature of a writ of Certiorari quashing the purported notice under Section 2 of the Land Acquisition Act [as amended] “P1”;

e)        A mandate in the nature of a writ of Certiorari quashing the purported Order under Section 38 Proviso A of the Land Acquisition Act [as amended] “P4”;

f)         A mandate in the nature of a writ of Prohibition preventing the Respondents from acting under and/or giving effect to the purported notice under Section 2 of the Land Acquisition Act [as amended] “P1”;

g)       A mandate in the nature of a writ of Prohibition, preventing the Respondents from acting under and/or giving effect to the purported order published under Section 38 Proviso A of the Land Acquisition Act as amended “P4”;

h)       An order for costs; and

i)         An order for such further and other reliefs as to Your Lordships’ Court shall seem meet.

Registered attorneys for the petitioners

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