Dear Mr. President, save SLTDA from Kimali Fernando!

Dear Mr. President, save SLTDA from Kimali Fernando!

6 August 2020 06:59 pm

In light of the recent exposure made regarding the Sri Lanka Tourism Development Authority (SLTDA) Chairwoman's arbitrary attitude over the trial involving Lanka Realty Leisure (Pvt) Ltd, a private company victimised by the wrath of SLTDA, Kimali Fernando the SLTDA Chairwoman continues to grow her prejudice by challenging the injunction issued in favour of Lanka Realty Leisure (Pvt) Ltd by the Colombo District Court, whilst fanning flames endangering the political authority which put her in her position in the first place, 

That being said, we are compelled to analyse the interim stay declared by the Colombo District Court against SLTDA and in favor of Lanka Realty Leisure (Pvt) Ltd and publish parts of the verdict here.

Kimali's Theatre Act in Private Facebook Account    

Rather shamelessly, Mrs. Fernando through her private account has visited our Facebook page where our previous report was published and pasted a link in the Comments Section suggesting a complete different court verdict detailed in a fake news report!

The news item suggests that the Colombo District Court has issued an interim injunction favouring SLTDA!

Were you asked to point a public servant who happens to 'magically' alter truth, Dilmah MJF's daughter-in-law would be the perfect example!

Kimali Fernando has been playing her celestial act since her appointment as the Chairwoman of SLTDA in November, 2019. 

The Cat is Out of the Bag!

Backing his beloved wife, Malik J. Fernando, the son of Merrill Fernando Family and the one with strong internal ties with SLTDA, has joined our Facebook Comments Section to concrete the fake news item. 

We understand how shocked he was given that he was nervous enough to edit the same comment thrice! 

Accordingly, he tries with the English news report we published looking for an error, and speaks of a 'Tuesday'. The word 'Tuesday' is only even mentioned in the first paragraph of the English article we published, citing the Court order, which declared an interim stay against SLTDA. Unable to comprehend such a simple fact, Malik J. Fernando is displaying an extreme juvenile behaviour in our Comments Section. 

Providing conclusive evidence of his past relations with SLTDA firsthand, Malik even suggests that the Wild Coast Lodge lease agreement was obtained six years ago!

Being it said, Malik J. Fernando not only lays foundation to being exposed himself as one of the strongest ties with SLTDA throughout history, but also acknowledges the fact that SLTDA helped him expand his family business in the past. These have previously been disclosed in our reports. 

As a responsible news portal, we are of the belief that that SLTDA should immediately disclose how much properties were handed over free of charge and taxes to the families and officials with whom it had acquaintances and internal connections in the guise of developing the island's tourism in the recent past!

Did Kimali Fernando commit Contempt of Court? 

Under the Law of Sri Lanka, an act of criticising and making false implications that a court decision is not acceptable to the institution or person to whom it subjects is defined as Contempt of Court. 

Kimali Fernando's comment in our Facebook Comments Section is an evidence to suggest likewise. That is, because she pastes a link containing a false news report suggesting that the recent Court ruling stands in favour of SLTDA, not once, but rather disturbingly, twice!

But Kimali must have remembered later that a court decision is public record, which presumably pushed her to cite a para of what it appeared to be a part of the ruling in our Comments Section. We remind her, that although all these decisions were taken by the previous regime, she is actively supporting these decisions even at this very moment. 

What does the Interim Injunction actually say?

The injunction order issued on Tuesday (04) against SLTDA is historic, given that it would be a blow in the head against its arbitrary and celestial act belittling justice, we reiterate. It can also be a realisation of the principle of 'Natural Justice' which suggests, "Justice should not only be done but seen to be done."

Lanka Realty Leisure (Pvt) Ltd sued against SLTDA seeking an injunction order for its alleged arbitrary and fraudulent repossession of their 99-year lease. That is, because SLTDA has unlawfully terminated the lease agreement.

The Court reiterated that SLTDA had illegally reclaimed the questionable land without proper notice which stands in violation of the terms of the aforesaid lease agreement.

Below is the summary of the Court order;

  • Lanka Realty Leisure (Pvt) Ltd has been able to hold a seemingly strong case against SLTDA.
  • From the outset, it was a powerful case that could be won.
  • The ‘deed of cancellation’ drafted by SLTDA to reclaim the land is null and void before the Court of Law.
  • Given that Lanka Realty Leisure (Pvt) Ltd failed to develop the land within a reasonable time period without the control of the parties or for any other reason, it reserves the right to request an extension to continue such development or construction period.
  • Citing that the lease agreement was terminated as per a Cabinet decision is unacceptable.
  • Prior to the termination of the agreement with a valid notice, the relevant deed of cancellation has been drafted and certified.
  • The Cabinet decision based on the lease of the relevant property to a third party (One Nature Company) cannot be challenged as it is not subject to the jurisdiction of the District Court.
  • Accordingly, the court is concerned whether the lease agreement has not been properly terminated.
  • Accordingly, an interim injunction will be issued restraining SLTDA, the defendant to this case (favouring Lanka Realty Leisure (Pvt) Ltd).

These declarations suggest that the Court accepts that SLTDA had forged a 'deed of cancellation' without properly terminating the lease agreement, which on occasion is commonly referred to as 'forged deeds'

Below are some excerpts from the relevant Court order, consistent with the above summary. May the SLTDA Chairwoman read the entire verdict before ignites her blue flame on stage. 

The SLTDA Chairwoman now suggests that the relevant decisions were first taken before she assumed office, presumably because she is unaware of her corporate responsibilities. Otherwise, SLTDA, under her influence, may not be too keen to proceed with the new 'Special Lease Agreement' with 'Once Nature'. 

One Nature once told LNW over phone, which we quote, "We are looking forward to starting work without any problems. The Chairperson gives us her full support." Accordingly, SLTDA has in fact fraudulently given hopes to a foreign company as well.

Kimali's frenzy performance over the chain of events, fueled by lust for power, is being justified by the blessings of those who put her in her position in the first place in November, 2019, depicting false pretensions. Who put her in her position is no secret, as it is widely known who came to power in November, 2019. Nevertheless, Kimali Fernando's level of prejudice is being pumped against even the political authority by which she was appointed in the first place, according to internal sources. Dear Mr. President, be careful of the monsters beneath the swamp surface.

Kimali Fernando's hypocrisy comes from her own professional experience. Long ago, she held a senior position in one of the leading banks in the Private Banking Sector in Sri Lanka, but eventually resigned shortly afterwards, not only losing her position but also losing the bank its position as a primary dealer in the Colombo Stock Exchange (CSE), because of her hypocritical virtue. A look into her record of professional history will indicate that her experience stands for the destruction of institutions, not to improve them, by magically altering the truth.  

We unequivocally acknowledge that a woman leading an institution is challenging and commendable in Sri Lanka's patriarchal context. But the example set by women like Kimali Fernando, who behave worse than a man greedy for power, is not only prejudicial but also disgusting.

In a final remark, we call for the Kimali-Malik couple to reach out LNW and send us your answers, should you ever have one, instead of 'going berserk' in Social Media. Then we will publish your response under Right-to-Reply. 

Meanwhile, Lanka Realty Leisure Pvt Ltd wrote to us a note and we publish it in our article below;

Court grants injunction in favour of Lanka Realty Leisure (Private) Limited against the Sri Lanka Tourist Development Authority (SLTDA) from terminating the Lease entered into between the SLTDA and LRI. Court reiterates that in terms of the Lease SLTDA has wrongfully tried to terminate the lease without due notice under the provisions of the Lease agreement.

The court has noted that the SLTDA contends the it has sought cabinet approval to grant the land to a third party, however the documentation and dates of the cabinet papers do not tally. The court therefore does not wish to go into the matter in relation to the cabinet decisions. However the court is of the view that the obligations between the parties is governed by the Lease agreement entered into and until the case is heard the court has granted an injunction preventing the termination of the same under the purported documents.

The SLTDA has contended that there exists other issues for reasons of termination, however such reasons are not mentioned in their purported lettesr. Furthermore the SLTDA has disregarded  the AG’s opinion and sought the services of private council solely on the decision of their chairperson KImali Fernando.

It is pertinent to note that her husband – Malik Fernando’s land (Wild coast Resorts) adjoins the same property that is leased out to the Plaintif’s Company. Objectively speaking it is obvious to a person with a reasonable mind that the purported termination is mala fide and in any event that the objective of the SLTDA is to promote tourism and that their role should be to encourage developers and foreign investors. (LRI’s ultimate ownership is also by a majority of foreign investors).

Although the Chiarperson contends that the purported letters of termination were sent prior to her appointment, after her appointment she was on an obsessive course to eliminate the lease. She never gave the party a fair hearing, she ensured that private counsel is retained at the expense of tax payers money (ignoring a directive and circular that states that state institutes should first obtain the counsel of the Attorney General’s office), further ignoring the opinion given by the Attorney General, on her sole initiative purported to terminate the lease by executing a lease cancellation agreement sans Board approval.  One wonders the extent and length the chairperson goes to, to achieve these means……could it be” related “to the fact that it is a very close relation who has interest in the adjoining property?

“Justice should not only be done but seen to be done”

Therefore it is pertinent to note that the Learned judge quite rightfully has recognized this fact and granted an injunction preventing the SLTDA from terminating the lease under the purported documents produced by the SLTDA.

Previous reports:

EXCLUSIVE: Justice served as SLTDA designated for Interim Injunction!
Exclusive: SLTDA hands over land to private company! Chairwoman’s extreme nepotism further exposed!!
Update: Private Lawyer appears for new Chairwoman of SLTDA!
EXCLUSIVE: SLTDA subjected to Enjoining Order due to new Chairperson’s nepotism!