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Defence Secy. to brief AG on displaced man’s appeal
The Attorney General's Department has been ordered to obtain instructions from the Defence Secretary whether a displaced farmer originally residing within the Palaly High Security Zone (HSZ), who had alleged the military authorities had unfairly prevented him from resettling in his own property, can be permitted to resettle.

The Bench comprising Chief Justice Sarath N. Silva, Justices Asoka de Silva and Nihal Jayasinghe ordered State Counsel Sanjay Rajaratnam to ascertain whether the petitioner S. Sivagnanasambanthar could be granted the same facilities as the others in the area who had been permitted to repair their houses and cultivate their lands.

Petitioner's counsel K. KanagIsvaran, told court that his client whose land is located at Tellippalai within a HSZ, wishes to live and cultivate it and according to his instructions there were no landmines in the vicinity of the area.

The petitioner states that on September 24, 2003 consequent to the signing of the ceasefire agreement, while clearing his land four to five Army personnel had arrived and informed him not to clear the land and ordered him to leave the place stating nobody in the area will be permitted to resettle.

He further alleges that although he pleaded with the Army personnel stating he was not involved in any illegal activity and to permit him to resettle he was chased away. He subsequently wrote two letters to the Defence Ministry seeking permission but had not received a response.

The petitioner states that he has no other place to live in and knows no other work other than farming. He further alleges that the action of the Army authorities in preventing him from resettling in his original place of residence is arbitrary and in violation of Articles 12(1), and 14 (1) (g) and (h) of the Constitution which guarantees the right to equality and the freedom to engage in lawful occupation and freedom of movement respectively.

A similar case was filed by Parliamentarian Mavai Senathirajah, who alleges that thousands of residents have been prevented from resettling in the Valikaman area, which is a fertile land for agriculture. The petition alleges that the area thus excluded at present totals about 39 square kilometres covering 28 grama niladhari divisions. The related cases were listed to be mentioned on July 26.

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