Court issues notice in land issue

The Appeal Court today issues notice on the respondents in the cases filed by 2176 Jaffna Tamils seeking relief against their land being taken over by the government.

The writ applications filed by 2176 Jaffna Tamils were taken up for support in the Appeal Court today, before Justice S. Sriskandaraja, President of the Court of Appeal.

The Appeal Court issued notice on the respondents to show cause if any through filing of objections, as to why the court should not grant the reliefs asked for. The date given for the purpose was 10.07.2013.

Counsel for the petitioners were permitted by the Appeal Court to reserve and retain the right to press for interim relief.

The petitioners set out in their petitions the grave prejudice caused by the forcible acquisition of an area of the Jaffna Peninsula equivalent to two-third of the entire city of Colombo, the Tamil National Alliance said in a statement.

The petitioners who say they are forcibly prevented from accessing their lands, urged effectively that the steps to acquire their traditional lands to perpetuate their illegal military occupation is perverse and does not constitute a genuine or acceptable public purpose, and that no steps under Section 38 Proviso A could be legitimately taken in the given circumstances.

Among the prejudice complained of by the 2176 petitioners, is effective erosion of the rights of Tamils of the Jaffna Peninsula under their personal laws (known as “Tesawalamai”) which has been enjoyed and applicable for hundreds of years.

The petitioners were represented by K. Kanag-Isvaran, PC with M. A. Sumanthiran, Viran Corea, Lakshmanan Jeyakumar, Bhavani Fonseka and Niran Anketell instructed by Suntheralingam & Balendra, Attorneys-at-Law. Deputy Solicitor General Murdu Fernando appeared for the respondents. (Colombo Gazette)