Forfeiture of house in Jaffna for newspaper

Fixed to be mentioned on Sept 4.

The Supreme Court fixed to be mentioned on September 4 the rights petition on the alleged forfeiture of a house in the heart of Jaffna town to the government for a press.The Bench comprised Chief Justice Mohan Peiris, Justices, Priyasath Dep and Rohini Marasinghe.

The Petitioners complain that the forfeiture of their properties situated at Navalar Road, Jaffna is tainted with bad faith and TID Director and the OIC of the TID have maliciously instigated or recommended the Defence Minister to make such an order. They bemoan that it was done after the Petitioner did not accede to the OIC of the TID’s demand to have the said house rented out to government for a press at his request and lament that the officers have misled the Defence Minister for collateral purposes.

The Petitioners claim that the forfeiture of their properties without a judicial finding/decision to the effect that their properties are liable for forfeiture was illegal and invalid and unenforceable. Deputy Solicitor General had already undertaken to remain the Status Quo (the existing state of affairs) and the properties purportedly forfeited would not be disposed.

Petitioners K.Vickneswaran, his wife

Petitioners seek a declaration from Court that the forfeiture of their properties is null and void

Mathymalar and wife’s sister Gowry Thirumal cited the Attorney General, Defence Ministry Secretary, Senior Assistant Secretary to the Defence Ministry H.P.Sumanasekara, IGP N.K.Illangakoon, TID Director, OIC of the TID IP Abdeen and the Associated Newspapers of Ceylon Ltd (ANCL) as Respondents. Counsel J.C.Weliamuna instructed by Gowry Shangary Thavarasha appeared for the Petitioners. Deputy Solicitor General Shavendra Fernando with State Counsel Dr. Avanti Perera appeared for the Attorney General.

Petitioners are seeking a declaration from the Court that the forfeiture of their properties is null and void. They are also asking the Court to direct the respondents including the ANCL which is running a press in the ground floor of the house, publishing a Tamil newspaper Thamil Natham to vacate from their properties and restore the petitioners in vacant possession of their properties.

They are seeking the Court to award a compensation of Rs. 50 million.