Centre for Policy Alternatives on 15 May, 2012

Abdul Majeed Abdul Fareed Vs. Chandraprapalini Krishnagopal and other CA (Writ) 135/2012

Categories: DocumentsPublic Interest LitigationPublic Interest Litigation submissions

The Centre for Policy Alternatives(CPA) supported four farmers in Thambalagamam area in Trincomalee to file a writ application in the Court of Appeal against Chandraprapalini Krishnagopal Grama Niladari , Kovilady , Thampalakamam and others; by drafting the Petition, bearing the cost of litigation and assisting with field research etc, The Petitioners are residents of the Kinniya and Thampalakamam Grama Niladari divisions in the Kinniya and Thampalakamam Divisional Secretariat’s division of the Trincomalee District. They challenged the construction of the outer circular road which was to be constructed by the military, Urban Development Authority and a private constructor. This construction would have obstructed the farmers who engage in paddy cultivation, which is their sole source of income. The road if completed would have dispossessed the farmers of their private land and their livelihood. In the aforesaid circumstances, the petitioners prayed for a writ of Mandamus ordering that the relevant plan relating to construction of the said highway to be produced by the relevant authority, a writ of Certiorari to quash the decision of the Respondents to construct the said Highway in the above manner and a writ of Prohibition to prevent the construction of the said highway. The case was filed on 15th May 2012 and was taken up on 24th May, 5th June and 2nd July for support and the case was mentioned in court on 11th July and was taken up again on 28th August 2012 in the Court of Appeal.

On 17th July 2013, the Deputy Solicitor General informed court that the Respondents would take steps to construct the highway only after acquiring the relevant portion of the land, in accordance with the relevant laws. In view of this undertaking, the Counsel for the petitioners moved to withdraw the case.