Magistrate orders sale of land in Malwana

Pugoda Magistrate and Additional District Judge D. A. Ruwan Pathirana yesterday ordered the registrar of the Pugoda courts to sell by Public auction the 16-acre property allegedly belonging to former Minister Basil Rajapaksa located at Ganga Bada Road in Mapitigama in Malwana, and deposit the money realized into the account of the case.

This order was made following a request made by the respondents regarding this property and the attorney representing the property’s registered owner Muditha Jayakody.

Muditha Jayakody stated as the present owner of the property through his attorney Thusira Melewwethanthiri submitted a motion requesting for an opportunity to state the security position of the property and the legal position to the OIC of the FCID. Accordingly the OIC of FCID was directed by the magistrate to clarify this position to courts.

When this matter was taken up for hearing on the 4th of this month, the attorney representing Muditha Jayakody stated to courts that his client had neither purchased the said property nor had been legally possessing it, and therefore he had no claims to this property and pleaded court to give a suitable ruling on the matter.

Deputy Solicitor General Thusith Mudalige who represented the FCID in his response, told courts that if Muditha Jayakody the registered owner of the property is refusing the ownership and the possession, the ownership of such property should be vested in the state. He stated further that under the Criminal Procedure code clause 433 if a dangerous situation arises in a property or when the registered owner himself disowns it, the court had jurisdiction over such property and the court was free to give its ruling.

Attorney Sanjaya Ranathunga who represented former Minister Basil Rajapaksa requested for permission to make a statement on the matters raised by the complainants.as there was no objection from the complainants Basil Rajapaksa was allowed to state facts regarding this property to courts on October 7 and he was noticed to appear in courts accordingly. Attorney Jayantha Weerasinghe PC who appeared for former Minister Basil Rajapaksa told court on that occasion that the property in extent of 16 acres in Malwana Mapitigama was depicted in the media as owned by Basil Rajapaksa which was not so. Since this property did not belong to him he said they were not concerned about whatever decision taken by the court on the matter.

When this matter was taken up for hearing on the 4th of this month, the attorney representing Muditha Jayakody stated to courts that his client had neither purchased the said property nor had been legally possessing it