Filing two fundamental rights petition before Supreme Court (SC), two individuals have challenged the hereditary rights claimed by Pathmasiri Adhikaram who had been declared to be functioned as the Ruhunu Maha Kataragama Devalaya by the same court on a previous occasion.

on April 4, 2004, the SC determined that the Pathmasiri Adhikaram of Boralesgamuwa had a right to function as a Kapurala for a period of one month each year in the Ruhunu Kataragama Maha Devalaya following a long-running legal battle.

Two petitioners Rajapaksa Pathirennehalage Padmasiri Rajapaksa a Senior Assistant Secretary to the President and Adikari Mudiyanselage Dayananda the Mahabethme Secretary and official secretary of Ruhunu Maha Kataragama Devalaya had filed these two petitions citing that Pathmasiri Adhikaram was not suitable for the kapurala post.

However, Padmasiri Adikaram who had been named as the respondent of these petitions stated that his family has been claiming for the post of caretaker of the devalaya since 161 BC. He stated that king Dutugemunu before he launched his fight against king Elara made a vow to god Kataragama and having won the war, he built this devalaya and appointed his great grand father as its caretaker to perform rituals. He claimed that his family had held the post for over 2300 years.

He also said politicians had often interfered with the affairs of devalaya and they also lost the claim in 1955 after then Basnayake Nilame W.A. Ratwatte interfered to change it.

In 2005, when the post of devala kapruala was challenged before Mount Lavinia District Court, the court had recognised the right of Padmasiri Adikaram to function as Kapurala for one month each year. Subsequently the Basnayake Nilame, Shashendra Kumara Rajapaksa had appealed against the District Court order to the Provincial High Court of Mt. Lavinia and then to the Supreme Court. However, on April 4 this year Supreme Court bench comprising of justice Shirani Thilakawardhane, Chandra Ekanayake and Priyasad Depp determined that Pathmasiri Adhikaram has the right to function as a Kapurala for a period of one month each year.

"Against this backdrop filing fundamental right petitions and obtaining restraining order against the hereditary kapurala was unprecedented in the country’s judicial history," said BASL president Upul Jayasuriya appearing for the respondent Adhikaram. The respondent was asked to file limited submission on October 13.