Friday, 2 August 2013 00:01
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Former Foreign Minister’s ancestral land in Keerimalai falls prey to Govt’s land policies in the North
Kadir’s son files writ application in Court of Appeal
Says construction has been ongoing for 9-12 months and will extend to his property
Ragi Kadirgamar says link to Northern land is crucial to his family’s identity
Lawyers say under Tesawalamai first right of land transfer must go to ancestral inhabitants of Northern lands
Minister of Lands, Land Acquiring Officer and Land Survey Officer in Jaffna cited as respondents
Acquisition notice says person claiming ownership over the land cannot be identified
Acquisition of Kadir’s land will add a new dimension to Jaffna land rights struggle: Analysts
By Dharisha Bastians
The controversial northern land rights issue took a high profile turn yesterday after it was revealed in court that the ancestral property belonging to former Foreign Minister and vehement LTTE critic Lakshman Kadirgamar in the Jaffna peninsula had been acquired by the Government.
The land situated in a picturesque spot in Keerimalai contains an elevated cliff with an ocean frontage and was exclusively allotted to Lakshmanathan Kadirgamar, by Final Partition Decree dated 5th May 1968, issued by the Jaffna District Court. By virtue of being the sole descendant to the property under the Law of Teswamalamai, the land passed to Sriraghavan Kadirgamar after Minister Kadirgamar was brutally assassinated by the LTTE.
Filing action in the Court of Appeal yesterday, son of the former Foreign Minister, Sriraghavan Kadirgamar appealed for interim relief preventing the respondents and their agents from taking any steps to act upon the acquisition notice until after the application is heard. The petitioner is also seeking a mandate in the nature of a writ of Certiorari quashing the purported acquisition notice published under Section 2 of the Land Acquisition Act.
In his petition, Kadirgamar says he visited his land in August 2011 and was permitted to examine the property by security forces. He was informed that his land fell within the high security zone area but that the security perimeter was being rolled back and he would be utilise his land fully. Thereafter when Kadirgamar visited his land in May 2013 he was perturbed to find that construction had commenced in the vicinity of his property. “The Petitioner fears that the construction, which in his experience as an architect has progressed for about 9 to 12 months, may well extend to his property as well. The purpose of the construction is not ascertainable,” his petition filed in the Court of Appeal said.
The late Foreign Minister’s son had then become aware of the Acquisition Notice in Tamil that claimed 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).
Kadirgamar is arguing that he is unlawfully and wrongfully being prevented from returning to enjoy his land including by the erection of barbed wire fences and barricades manned by armed forces personnel and by the unauthorised construction taking place in the vicinity of the property.
Citing Tesawalamai Law, which he says he and his family are governed by, Kadirgamar says his link to his land in the Northern Province is crucial to his and his family’s identity. “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,” the petition states.
Kadirgamar calls the program of action to exclude him from his ancestral property “extremely arbitrary and unreasonable”.
The petition states that the acquisition notices are unlawful because they refer to the regularisation and handover of the area on which the High Security Zone is established, despite the lands within the area specified in the notice not forming part of any High Security Zone recognised by law, and that with the lapse of the state of emergency in 2011 existing High Security Zones also ceased to exist.
Under Tesawalamai law, the traditional inhabitants of Northern lands have first right of refusal in any land transfer agreements, provided they have not given up links to the property, legal experts say.
With thousands of Northern land cases pending before the courts; analysts say the inclusion of Minister Kadirgamar’s ancestral property will change the dimensions of the ongoing land struggle in the North.
The application was filed on behalf of Sriraghavan Kadirgamar by Attorney Lilanthi De Silva. Attorney-at-Law J.C. Weliamuna and others will be appearing on behalf of the petitioner in the case.
