Former Kapurala demands Rs. 500 mn from Kataragama Devalaya Secretary | Daily News

Former Kapurala demands Rs. 500 mn from Kataragama Devalaya Secretary

A former Kapurala of the Ruhunu Kataragama Maha Devalaya has sent a letter of demand to Mahabethme Secretary and Official Secretary of Ruhunu Maha Kataragama Devalaya claiming Rs. 500 million as damages for allegedly preventing him from discharging duties as Kapurala of the Ruhunu Kataragama Maha Devalaya following a Court order.

Former Kapurala Padmasiri Ranjith Adhikaram has sent the letter of demand through his lawyer Chithrananda G. Liyanage claiming damages from Ruhunu Maha Kataraga Devalaye Mahabethme Secretary and Official Secretary Adhikari Mudiyanselage Dayananda.

Counsel Liyanage stated he was informed by his client that judgement of the Supreme Court appeal application was delivered on 09/02/2011 affirming judgement of the Civil Appellate High Court of Mount Lavinia which ordered to implement the Decree dated 13/12/2005 of the District Court of Mount Lavinia.

I am further instructed that, the Decree dated 13/12/ 2005 had been declared followings in favour of the my client;

"My Client has been possessed Hereditary Right according to Law in order to Perform his duties as a“Kapurala” of the Ruhunu Maha Kataragama Devalaya," Liyanage stated.

"My client should have to be appointed as a “Kapurala” for the vacant position of a “Kapurala” in the Ruhunu Maha Kataragama Devalaya.

"He should have to be given an one month period in the each and every year as “thewa masaya” to perform his rituals and duties as a kapurala and the Basnayaka Nilame should allocated the aforesaid “thewa masaya.

"I am further instructed to inform you that upon the delivery of the judgement by the Supreme Court, then Basnayaka Nilame of the Rhunu Maha Kataragama Devalaya by his letter dated 2014/07/19 allocated and or allowed my client to perform duties as kapurala for the period commencing from 2015 /02/19 to 2015/3/21.

"However, I am instructed that at the behest of the certain individuals you have surreptitiously instituted an action in the Supreme Court by way of Fundamental Rights application challenging the settlement arrived in DC Mount Lavinia case on 09/12/2005 and obtained a stay order preventing and or staying my client discharging duties as Kapurala of the Ruhunu Kataragama Maha Devalaya.

"I am instructed that, the Supreme Court taking cognizance of the legality of the case maliciously file by you, delivered order on 28/ 10/ 2016 dissolving the stay order.

"I am instructed that, the Decree dated 13/12/2005 has not been yet implemented for 11 years and especially due to your malicious conduct more than two years, thus my client could not be assumed duties as a “kapurala” in Ruhunu Maha Kataragama Devalaya and perform his duties and rituals which were the rights hereditarily and lawfully possessed by him," Liyanage added.

"I am further instructed to inform you that, at the instance of then Basnayake Nilame Shaseendra Rajapakse you have collusively instituted purported Fundamental Right Application and curtailed my clients rights to enjoy the fruits of the above mentioned decree in the District Court of Mount Lavinia for more than two years.

"In the circumstances, I am instructed to inform you that, since you have instituted the Fundamental Right proceedings, without reasonable and probable cause, actuated by malice has incurred enormous losses and other calculated injure to my client rights and reputation.

"I'm further instructed to inform due the said act my client had suffered mental distress due to loss of opportunity to be appointed as “kapurala” and perform his duties more than two years and litigation cost and irreparable damage to my client’s reputation," he added.

"In all the aforesaid circumstances I have been instructed to demand and hereby demand that you pay my client a sum of Rs 500 million which my client estimates as his minimum damages, Liyanage stated. 

 


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