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Kadirgarmar Land Acqp Petition

Kadirgarmar Land Acqp Petition

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11/13/2013

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Petition1
IN THE COURT OF APPEAL OF THE DEMOCRATICSOCIALIST REPUBLIC OF SRI LANKA
 In the matter of an application under Article 140of the Constitution for Mandates in the nature of Writs of Certiorari and Prohibition
Sriraghavan Jebaratnam Christian Kadirgamar 261/18, Poorvarama Road,Colombo 5.
Petitioner
 CA (Writ) Application No:-Vs-1.
 
Janaka Bandara Thennakoon,Minister of Lands and Land Development,Ministry of Land and Land Development,Mihikatha Medura,Rajamalwatta Avenue, Battaramulla2.
 
A. Sivaswamy,Land Acquiring Officer 
 – 
Jaffna DistrictDistrict Office, District Secretariat,Jaffna.3.
 
Land Survey Officer - Jaffna District,District Office, District Secretariat,Jaffna.
Respondents
On this
of July 2013TO: HIS LORDSHIP THE PRESIDENT AND THEIR LORDSHIPS THE OTHER JUDGESOF THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OFSRI LANKAThe Petition of the Petitioner above-named appearing by Ms. Lilanthi de silva his RegisteredAttorneys state as follows:
 
Petition2
1.
 
The Petitioner is citizen of the Republic and is a qualified architect having graduatedwith a Ba. Hons. Archtiecture, from the University of Brighton with an Upper SecondClass Degree in or about 1990 and has also completed a Postgraduate Diploma inArchitecture from the School of Architecture, University of Brighton in or about 1994.2.
 
The Petitioner has practiced in Sri Lanka, Singapore, India and the United Kingdom.The Petitioner has also served as Consultant / Advisor to the Minister of UrbanDevelopment in 2001 and was responsible for the development of the CentralColombo Masterplan which was the winner of the International Master Plancompetition for the Colombo Central Business District in 1997. The Petitioner hasalso served as a Consultant Environmental Designer to the Urban DevelopmentAuthority in 1995 and was a Visiting Design Tutor at the Sri Lanka Institute of Architects School of Architecture.3.
 
The Petitioner is the son of the Late Hon. Lakshman Kadirgamar, who served theRepublic as its Foreign Minister up until his assassination in August 2005. Several
other members of the Petitioner’s family have also been great servants of the Rep
ublicand illustrious sons of Sri Lanka. They include,a.
 
Rear Admiral Rajanathan Kadirgamar, MVO, ADC, RCyN
(thePetiti
oner’s uncle)
- The second Ceylonese Captain of the Royal Ceylon Navy from 1960 to 1970 and as such the longest serving Commander of the Navy. Member of the Royal Victorian Order (MVO) for service to HM QueenElizabeth II; awarded Burma Star for war service from 1939
 – 
1945. For servicein the Royal Ceylon Navy he received the service medals Ceylon ArmedServices Long Service Medal, Ceylon Armed Services Inauguration Medal andthe Queen Elizabeth II Coronation Medal. He had also served as extra aide-de-camp to three Governor-Generals. He was a working director at Port CargoCorporation and played a major role in establishing the Ceylon ShippingCorporation; b.
 
Selvanathan Kadirgamar
 
(the Petitioner’s uncle
)- was the youngest Major inthe Ceylon Army andserved in the 2
nd
Anti Aircraft Regiment, CeylonGarrison Artillery;c.
 
Sam Kadirgamar
 
(the Petitioner’s uncle) – 
 
Eminent Queen’s Counsel
. TheInformation and Documentation Unit of the Law & Society Trust
 
contains theSam Kadirgamar Collection, acquired in 1991 consisting of a substantialnumber of legal texts, Indian, English, South African and Sri Lankan LawReports;
 
Petition3
4.
 
The Petitioner’s grandmother, by deed No. 589 dated 30
th
July 1934 became the owner 
of a land called “Alvarmalaiyady” situated at Maviddapuram in th
e Tellipallai Parishof Valikamam North Division of the Jaffna District in extent 16 lms. v.c. and 10 ½ kls.The said land was situated off the Keerimalai Kankesanthurai road and was accessible by a roadway from the main Keerimalai Kankesanthurai road.5.
 
A
s hereinafter set forth the land owned by the Petitioner’s grandmother was
 partitioned and the Petitioner, via his father, became the owner of a portion of the
aforesaid land called “Alvarmalaiyady”.
 6.
 
The Petitioner 
’s
parcel of land is located within the area described in the notices purporting to be in respect of Section 2 of the Land Acquisition Act which appearedon or about 20
th
April 2013 on several trees in areas just outside the barricades on theKankesanthurai Road at Tellipallai.A photograph of a purported notice under Section 2 of the Land Acquisition Actsigned by the 1
st
 
Respondent and affixed to a tree is annexed hereto marked ‘
P1
’ and
 pleaded as part and parcel hereof.7.
 
The Petitioner is directly and personally affected by the said purported notice as theowner of a separate and individual parcel of lands situated within the area described in
‘P1’
.
Historical Background
8.
 
(a) Originally
the Petitioner’s paternal grandmother, E
dith Rosamund Parimalam,owned the aforesaid single block of land
called “Alvarmalaiyady”
with ocean/seafrontage, situated in Maviddapuram, Tellippalai.(b)
 
The land called “Alvarmalaiyady” consisted of an elevated cliff and in close
 proximity thereto there were several Hindu places of worship, including a shrinededicat
ed to Lord Vishnu, and, it is believed that the name “Alvarmalaiyady” is
derived thence.(c)
 
Upon the death of Edith Rosamund Parimalam, her husband, Samuel Jebaratnam
Christian Kadirgamar (the Petitioner’s paternal grandfather), became the owner of 
an undivided half share of the land an the children of Edith Rosamund Parimalam
and Samuel Jebaratnam Christian Kadirgamar (i.e. the Petitioner’s father,
Lakshmanathan Kadirgamar, and his siblings, namely, Samuel JothinathanChristian Kadirgamar, Iswari Richards, Selvanathan Kadirgamar, RajanathanKadirgamar and Thirumalanathan Kadirgamar) became the owner of the balanceundivided half share in the land.

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