Appeal dismissed with cost

Sarath Malalasekera

It is a well established principle of law that no person can be allowed to take undue advantage of his position and enrich himself or his family at the cost of someone else if he is not entitled to such benefit, Chief Justice Asoka de Silva said dismissing an appeal by Ranjanee Pathirana of Minneriya.

In the judgement the Chief Justice said, agreeing by Justice Shiranee Tilakawardena and Justice Saleem Marsoof PC, the appellants claiming had been issued on January 3, 2002 Divisional Secretary had no authority to deal with these lands. The Divisional Secretary had acted contrary to law when granting the annual licence to the appellant to develop the Patapilikanda Government forest.

Respondent Petitioner Ranjanee Pathirana of Minneriya cited K.A.S.S. Kodituwakku, G.D.S.C. Kumara, K.P.P.R. Karunanayake as Petitioner-Respondents and Environment and Natural Resources Ministry secretary and five others as Respondents-Respondents.

Document marked P2 deals with the subject matter of this appeal specifically identified by the Forest Department as an area which is not suitable to lease or block out.

This Court cannot ignore the above facts when considering relief to the appellant. The Forest Conservator has legal duty and authority to protect the forest.

In the field of public law the Writ of Mandamus is a powerful weapon the Courts use freely to prevent breach of duty and injustice. When mismanagement is obvious it is the duty of the Court to be vigilant and remedy the situation. It was also revealed in the course of hearing of this appeal that the appellant is a close relative of a politician in the area who was instrumental in obtaining the subject matter of this action to the Appellant, the judgement added. The judgement stated that all natural forests are being vested with the Forest Conservation Department.

The forests which are not controlled by the Wildlife Department and Forest Conservation Department were vested with Divisional Secretaries. However, with the introduction of Circular No.5/2005 the aforementioned Government forests which were earlier vested with the Divisional Secretaries had been vested with the Forest Conservation Department on September 18, 2001.

“We see no reason to disturb the judgement given by the Appeal Court. This appeal is dismissed with costs fixed at Rs 50,000.

Attorney Sanjeewa Jayawardena appeared for the petitioner.

Attorney M.U.M. Ali Sabri, Senior Counsel for the Petitioner-Respondent appeared with Sanjeewa Dasanayake.

Senior State Counsel N. Pulle appeared for the first and the second respondents.