"Sacred Claims, Disputed Lands: The Thaiyiddy Vihara Conflict in Post-War Northern Sri Lanka"

By Wimal Navaratnam, Human Rights Activist


Disclaimer

The following material is a research-support document compiled to assist further investigation, advocacy, or policy analysis. It summarizes perspectives and suggests source types to consult; it does not constitute legal advice, nor does it assert definitive factual findings. Users should verify primary documents, official records, and eyewitness testimony before relying on the material for legal or public advocacy actions.

Editor's Note

This report seeks to present competing perspectives on the Thaiyiddy (Tissa) Vihara land dispute in Northern Sri Lanka in a balanced manner. Emphasis is placed on documenting: (1) the historical context of the site; (2) claims and public actions by the Ceylon Buddhist Congress (SLBC) and other religious actors; (3) administrative positions, including the Pradeshiya Sabha and state agencies; (4) statements, testimonies, and concerns from local Tamil communities; and (5) the dispute’s broader socio-political implications for land rights and interethnic relations in the post-war North. The selection of suggested references below was designed to help corroborate claims from each side and to build an evidence-based advocacy or research file.

Methodology

  • Purpose: Compile a balanced, multi-perspective evidence base to support analysis of the Thaiyiddy Vihara land dispute and its implications for land rights and interethnic relations.
  • Approach:
    • Identify and classify primary source types: government records (land registries, gazettes, planning permits), religious-organization statements, municipal minutes (Pradeshiya Sabha), community affidavits and testimonies, NGO and international human-rights reports, local and national media reporting, and academic studies on land dispossession and post-conflict resettlement.
    • Prioritize contemporaneous primary documents and multiple independent corroborations for contested factual claims.
    • Record and preserve metadata for each document: authoring body, date, document type, chain of custody or publication channel, and any noted discrepancies.
    • Use triangulation: cross-check SLBC and government claims with land registry entries, cadastral maps, eyewitness accounts, and independent NGO reporting.
    • Document gaps and unresolved questions explicitly for legal or advocacy follow-up.
  • Limitations: Access restrictions to archival land records, potential bias in partisan sources, and constraints on independent field verification in contested zones. Users should plan targeted document requests and interviews for verification.

Sacred Claims, Disputed Lands: The Thaiyiddy Vihara Conflict in Post-War Northern Sri Lanka

"Unveiling the Struggle Between Religious Expansion, Tamil Land Rights, and State Power in a Region Scarred by War"

Introduction

The dispute over the Thaiyiddy (Tissa) Vihara in Northern Sri Lanka encapsulates the broader struggle for land, cultural recognition, and justice faced by Tamil communities in the post-war context. At its core, this conflict pits Tamil landowners, backed by documentary and oral evidence of ownership, against state and Buddhist institutions that seek to solidify Sinhalese-Buddhist hegemony through land appropriation, monument construction, and persistent legal and bureaucratic obstacles. The issue of the Tissa Vihara is, according to affected communities, not just a local dispute but a microcosm of state-sponsored Sinhalisation and cultural erasure in regions historically and demographically Tamil.

This report brings together the available body of references and documentation supporting Tamil claims in the Thaiyiddy Vihara dispute, emphasizing land ownership documentation, testimonies from local communities and political actors, academic and historical analyses, reports by reconciliation and transitional justice bodies, as well as statements from international and local civil society and human rights organizations. The report’s aim is to provide a comprehensive, categorized, and reference-rich synthesis that elucidates both the factual basis and the legal, moral, and political context of these claims. Each section is structured to highlight the nature, provenance, and relevance of the evidence while providing critical analysis of its implications.

Table Summary: Key Sources Supporting Tamil Land Claims

Type of Source

Main Content/Evidence Type

Key Points Supporting Tamil Claims

Reference Example(s)

Historical Land Ownership Documents

Legal deeds, land certificates, survey plans

Deeds and certificates validate ancestral/private Tamil ownership pre-war

[22], [26], [40]

Official Government Reports

DS Secretariat, Reconciliation, Courts

State recognizes illegal construction, encroachment on private Tamil land

[0], [10], [40], [3], [23], [22]

Maps and Survey Data

Colonial/post-colonial cartography, surveys

Historical maps show area as Tamil-owned/farmed land

[28], [12], [21], [45]

Testimonies and Community Statements

Oral histories, press conferences, media

Eyewitness claims of forced displacement and military occupation

[26], [25], [19], [31], [36]

Statements by Tamil Political Figures

Parliamentary debates, protests, legal appeals

Advocacy for land return, legal arguments, exposure of state complicity

[44], [0], [9], [25], [46], [3], [1]

Civil Society and Academic Analyses

Reports, case studies, expert interviews

Documentation of Sinhalisation, militarization, and legal hurdles

[55], [41], [7], [30], [22], [53]

International Human Rights Reporting

UN, HRW, Oakland Institute

Documentation of systemic land grabs, military occupation, and harassment

[7], [42], [46], [43], [50], [39]

Local Government Actions & Responses

Divisional Secretariat letters

Direct orders to vacate illegal occupations, recognition of private claims

[40], [22], [45], [23]

Each of the above categories is explored in depth in the following sections, with extended context and further references to illuminate their importance in the present dispute.

1. Historical Land Ownership Documentation

1.1. Legal Deeds and Land Certificates

From the outset, Tamil landowners have consistently argued that the land on which the Tissa Vihara was constructed has historically belonged to them, supported by a substantial documentary record including legal deeds, land certificates, and title documents. Residents such as those grouped in the People’s Alliance for Right to Land (PARL) have repeatedly displayed and submitted their legal deeds to authorities and during public protests, asserting unbroken lines of land inheritance12.

Press conferences and protests have featured speakers displaying deeds and challenging the authorities and the All Ceylon Buddhist Congress (ACBC) to produce contrary documentary evidence, a challenge left unaddressed by the latter. "If that is true, let them show their documents," remarked Sukumari Sarujan at a widely reported press briefing, while reaffirming, "We have all the documents that prove this is our ancestral land"3. Other local landowners, such as Apputhurai Suresh Kumar, have stated in interviews that their deeds are dated as far back as August 8, 1989, long before the recent construction and expansions associated with the Buddhist Vihara2.

1.2. Government Survey Maps and Official Plans

Historical survey maps from the colonial and post-colonial periods provide further evidence of Tamil ownership and long-term settlement of these lands, predating the post-war construction of the Tissa Vihara. The Sri Lanka Survey Department archives possess extensive collections of topographic, cadastral, and revenue survey maps, now accessible online, which correspond to the land parcels in question4. Research into Dutch-period and later British colonial maps, including those summarized in regional studies5, consistently delineate Valikamam and its villages, such as Thaiyiddy, as agricultural lands belonging to Tamil farming families. These cartographic sources are often cited by historians and have been referenced by local authorities in confirming ownership patterns.

1.3. Press Documentation and Affidavits

At the administrative level, reports from the Divisional Secretariat and District Coordination Committee meetings document the recognition of Tamil claims. For instance, a 2023 report from the local Divisional Secretariat confirmed that the temple was constructed on private land without the necessary authorization from local authorities, explicitly stating that the official land belonging to the historical Tissa Vihara is located elsewhere, supporting the landowners' position1.

These records, often in the form of letters, affidavits, or formal complaints, have been delivered in multiple instances to both local and central government officials, further building a paper trail that contrasts starkly with the often absent or ambiguous documentation presented by Buddhist temple authorities and the ACBC.

2. Legal Records, Deeds, and Court Interventions

2.1. Legal Petitions and Court Cases

Litigation has played a central, if often frustrating, role in the evolving dispute. Landowners, acting individually and in coalition, have brought petitions and cases before courts to seek redress and return of their land. Most notably, the Mallakam Magistrate Court issued an interim order in 2023 prohibiting disturbance of worship at the contested temple, but the order explicitly named as respondents both the local police and Tamil political leaders, evidencing the contested nature of peaceful protest and legal activism in the area6. Although the court order was intended to curb potential violence, it has been interpreted by Tamil advocates as a tool to dissuade activism and protect the status quo rather than facilitate justice for landowners.

Notably, in 2025, the Divisional Secretary of Valikamam North issued a formal written notice to the chief monk of the Thaiyiddy Vihara, ordering immediate vacation of land identified as illegally encroached, with the warning that continued occupation would trigger legal consequences7. This letter, a rare direct acknowledgment by a local government authority, points to a growing willingness among certain officials to recognize the legitimacy of Tamil claims, despite higher-level political and military pressures.

2.2. Barriers and Structural Inequities

Affected Tamil communities contend with deep-seated barriers in the legal and bureaucratic system, where the constitutional primacy of Buddhism (Article 9, Sri Lankan Constitution) is often cited as favoring Buddhist interests and rendering challenges to Buddhist encroachments on private land exceptionally difficult8. In legal interviews, lawyers and activists document systemic biases and repeated recourse to "national security" or "high security zone" justifications to override property rights, as in other high-profile land disputes involving Tamil owners8. The apparent impotence of the courts to act decisively, especially when acts of encroachment occur with military support or are subsequently legitimized by central authorities, has fueled allegations of 'justice delayed and denied.'

2.3. Title Certificates and Land Registry

While the Tamil claimants possess original title certificates, the controversial construction and expansion of the Tissa Vihara has evidently occurred without corresponding entries in the Land Registry for the newly-claimed temple land, as confirmed by multiple administrative and survey documents-strengthening the position that such developments are both extra-legal and extra-administrative97.

3. Community Testimonies, Oral Histories, and Family Statements

3.1. Displacement and the Experience of Loss

Oral histories constitute a central plank in the evidence base for Tamil claims. Local families have provided detailed and consistent accounts of their forced displacement-first during the war (notably the 1990 expulsion from the area as it became a high-security zone), and later, their exclusion from their ancestral lands under prolonged military occupation. These testimonies are found in media interviews, affidavits, and submissions to reconciliation commissions32.

For instance, Apputhurai Suresh Kumar, a former public health inspector, articulates that for over three decades, his family has been denied access to land for which they hold freehold deeds, suffering displacement, loss of livelihood, and the indignity of seeing new religious and military structures erected on their property2. Such accounts are corroborated by numerous statements from other affected families, with the protest movement demonstrating a striking level of documentary and narrative consistency.

3.2. Exposés of Official Complicity and Broken Promises

Family representatives and community activists have repeatedly emphasized cycles of broken political promises and official negligence. Even when high-level figures, such as President Anura Kumara Dissanayake, have presided over meetings affirming the illegality of construction and pledging redress, implementation has repeatedly failed, engendering distrust and chronic protest10. Family members frequently argue that government inaction is rooted in constitutional and institutional favoritism for Buddhism, with officials refusing to enforce clearly established property rights1.

3.3. Engagement with Civil Society and Media

The affected families, often supported by organizations such as PARL, have reached out to southern media and civil society in attempts to counter the state’s portrayal of their protest as anti-Buddhist or separatist. "Our struggle regarding the issue is not against the Sinhalese people or Buddhism, but only to regain our land rights," stated Sukumari Saruja, reflecting the effort to foreground the legal and human dimensions of the struggle rather than allow it to be subsumed by communal narratives10.

The involvement of international and local journalists has facilitated the dissemination of these testimonies, ensuring that the lived reality of dispossession, protest, and frustration is documented for a wider audience1112.

4. Political Statements, Tamil Historians, and Civil Society Reports

4.1. Tamil Political Party Leaders and Representatives

The Tissa Vihara dispute has elicited strong and consistent advocacy from Tamil political parties, notably the Tamil National People’s Front (TNPF) and its leader, Gajendrakumar Ponnambalam, as well as representatives from the Ilankai Tamil Arasu Katchi (ITAK) and other northern parties13. These leaders have framed the conflict as a test case for the Sri Lankan state’s sincerity in tackling racism and Sinhalisation, arguing in Parliament and public forums that the construction of the temple-unauthorized, on private land, and facilitated by the army-exemplifies the ongoing denial of Tamil land rights.

Present at repeated protests, these politicians have tabled official reports (such as the relevant Divisional Secretariat findings) in Parliament, directly challenging the Buddhist Congress and military authorities to furnish legal documentation or risk public exposure as complicit in illegal land grabs14.

4.2. Civil Society and Reconciliation Reports

Organizations such as the People’s Alliance for Right to Land (PARL) and the University of Jaffna’s Reconciliation Centre have conducted case studies and advocacy campaigns supporting Tamil families, holding public briefings and documenting both documentary and oral evidence regarding the origins and consequences of the land grab18.

The Office for National Unity and Reconciliation (ONUR), a government-linked body, has validated the existence of the dispute, acknowledging the role of the military in constructing the temple on private land, and initiated mediation among stakeholders-though critics argue that ONUR’s interventions, while positive, have yet to yield substantive justice or land return for affected families10.

4.3. Academic Analyses and Historical Context

Academic analyses by scholars such as Dr. Mahendran Thiruvarangan of the University of Jaffna, as well as by historians cited in local and international reports (e.g., Rasanayagam’s "Ancient Jaffna"), have clarified the historical context of land ownership in Jaffna and highlighted the lack of credible historical basis for claims of continuous Buddhist ownership of the disputed plot8.

Rajan Hoole and the University Teachers for Human Rights (Jaffna) (UTHR-J) have additionally documented the broader pattern of Sinhalisation and militarised land grabbing, situating the Tissa Vihara dispute within a decades-long trajectory of state efforts to alter demographics and territorial control in the Tamil homelands1516.

5. Official Government, Survey, and Administrative Responses

5.1. Divisional Secretariat and District Coordination Committee Reports

The Divisional Secretariat and District Coordination Committee (DCC) of Jaffna have played prominent roles in documenting the dispute, confirming that the Buddhist shrine was constructed without local approval and upon land registered to Tamil owners117. These official proceedings and minutes reveal that resolutions were passed to halt further construction, yet their failure to achieve enforcement is itself evidence both of the landowners’ claims and of the obstructionism they face.

5.2. Survey Department Data and Land Registry

The role of the Survey Department of Sri Lanka is pivotal in validating land claims. The recent move to digitize all land survey maps and archives, making them available to the public, is expected to further clarify the legitimate ownership structures and undermine the case for ad hoc land confiscation or occupation18. The absence of authentic title certificates for the newly appropriated temple land, as underscored by Divisional Secretariat officials, strengthens the Tamil claim of ownership.

5.3. Local Government Actions

Local authorities, including the Valikamam North Divisional Secretary and the Valikamam North Pradeshiya Sabha, have moved to formally warn or sanction Buddhist clergy for unauthorized construction and expansion, highlighting failures to submit building applications or title documentation7. These interventions, though still rare and subject to pushback from higher-level political actors, are significant for their official recognition of Tamil claims and their contribution to a growing, if slow, administrative pushback against extra-legal encroachment.

6. Reconciliation, Transitional Justice, and International Human Rights Reports

6.1. UN and International Monitoring

The United Nations Human Rights Council, along with international human rights NGOs, has persistently urged the Sri Lankan government to end land grabs, demilitarize the North and East, and facilitate the return of displaced peoples to their ancestral homes19. The Oakland Institute, in its 2025 statement ahead of the UN High Commissioner’s visit, specifically documented the protests and repression surrounding the Tissa Vihara, identifying the continued construction of Buddhist temples on illegally expropriated Tamil land as a deliberate erasure of Tamil history and culture20.

Human Rights Watch and the International Crisis Group have similarly characterized land disputes like that at Thaiyiddy as symptomatic of institutional bias, failure of legal accountability, and a barrier to genuine reconciliation, providing international legitimacy to the claims and grievances of Tamil landowners2122.

6.2. Transitional Justice and Reconciliation Commissions

Sri Lanka’s own Lessons Learnt and Reconciliation Commission (LLRC) called for meaningful land restitution as a prerequisite for healing and peace, though researchers and monitoring groups have widely noted the government’s failure to implement these recommendations, citing the ongoing situation in Valikamam North and at Tissa Vihara as outstanding examples of impunity and inaction21.

6.3. Documented Patterns of Sinhalisation

Several reports have established the broader context of Sinhalisation-defined as a state-supported campaign to settle Sinhalese and construct Buddhist religious structures in historically Tamil areas, with the military and Department of Archaeology centrally involved. The expansion of Buddhist viharas, often accompanied by the destruction or appropriation of pre-existing Hindu temples (in the case of Tissa Vihara, an ancient Vairavar Kovil), is a recurring theme in international analysis, with the Thaiyiddy case serving as a "classic example" noted by the Oakland Institute and echoed by local and international observers220.

7. Buddhist Voices and Exceptional Statements

7.1. Chief Incumbent of the Nagadeepa Temple

In a significant development, the Chief Incumbent of the Nagadeepa Temple, Ven. Navandagala Padumakiththi Tissa Thera, has publicly sided with the Tamil landowners, confirming that the so-called "new" Tissa Vihara has been built not on the original temple’s site (which remains vacant and untouched), but on land that was historically and legally the property of Tamil families who were displaced by war and subsequent military occupation23.

The Chief Incumbent has stated unequivocally: "This Buddhist temple [Tissa Raja Maha Vihara] has been built on land belonging to Tamil people, and they have the deeds to prove it. The owners of the land are the ones protesting and they have the right to do so because the temple was built without their permission." He further spoke of military complicity and called into question the actions of Buddhist monks from outside the region, suggesting economic interests and opportunism rather than spiritual necessity as motivating the encroachment23.

7.2. Other Buddhist and Civil Society Dissent

Public statements by some Buddhist leaders, including those from the Nainathivu Vihara and moderate sects, have similarly acknowledged the justice of Tamil claims and the peaceable nature of their protest, asserting that Buddhism should not become a tool of coercive land appropriation. Such dissent offers rare but crucial convergence across ethnic and religious divides, bolstering the credibility of Tamil testimony and pointing to potential avenues for intercommunal advocacy.

8. Community Actions and Persistent Protest

8.1. Protests, Media, and Grassroots Mobilization

Tamil landowners in Thaiyiddy have maintained regular and peaceful protest actions, often timed to coincide with Poya (full moon) days. These protests are characterized by black flags, placards, and public reading of land deeds to passing Sinhala Buddhist pilgrims and visiting officials1224. Despite repeated arrests, legal intimidation, and the presence of military units, these actions have kept public, national, and international attention focused on the ongoing encroachment and the demand for land return.

The narrative crafted by protesters-insisting on legal process, constitutional equity, and the distinction between anti-Sinhalese sentiment and rightful property restitution-has significantly shaped the terms of the debate, countering state and media suggestions of communal agitation or extremism.

8.2. Media Coverage and South-South Engagement

Through sustained engagement with local and southern Sri Lankan media, Thaiyiddy landowners have sought to educate the wider public about the non-racial, rights-based character of their campaign. As noted by Sukumari Saruja and PARL, these campaigns have met with mixed success but continue to resonate, especially as southern civil society organizations increasingly highlight the parallels with land rights struggles elsewhere in the country10.

9. International Solidarity and Precedents

9.1. International Precedent for Land Rights

The struggle of Tamils in Sri Lanka for land restitution has been compared to indigenous and minority land rights litigation elsewhere, including Treaty Land Entitlement actions in Canada and court challenges by indigenous nations against state land sales in Alberta. While the contexts are distinct, these comparisons are marshaled by Tamil advocates and international observers to highlight the global relevance of historic land claims, state duty to consult, and the necessity of cumulative-impact assessments before lands historically held by minority groups are alienated or reallocated25.

9.2. United Nations and Regional Advocacy

International organizations, from the UN to Human Rights Watch, continue to monitor the Tissa Vihara dispute as emblematic of broader failings in post-war reconciliation, transitional justice, and constitutional equity in Sri Lanka19. Persistent advocacy at the Human Rights Council level, including calls for demilitarisation and the appointment of special rapporteurs on religious and land rights, is directly informed by and in some measure responsive to the evidence assembled from Thaiyiddy and comparable cases.

10. Analytical Synthesis: Challenging the Buddhist Congress’ Claims and the Case for Sinhalisation

10.1. Absence of Competing Documentation

In stark contrast to the detailed documentation, oral testimony, and local administrative records provided by Tamil landowners, the All Ceylon Buddhist Congress and other proponents of temple expansion have failed to produce credible legal deeds, historical charters, or registry entries validating their assertion to either the disputed land or its immediate environs923. Claims made to ancient heritage or mythic association remain, so far, unsupported by archival or survey evidence, a point repeatedly noted in District Coordination and Divisional Secretariat meetings.

10.2. Evidence of Cultural Erasure

Multiple sources-the Oakland Institute, PARL, UTHR-J, and Tamil political leadership-concur that the Tissa Vihara controversy is best understood as part of a wider state-sponsored project to increase Sinhalese and Buddhist demographic, cultural, and symbolic presence in the northern and eastern provinces. This project comprises not just land expropriation for Buddhist sites but also the destruction or repurposing of pre-existing Hindu temples (such as the Vairavar Kovil) and the establishment of military and 'archaeological' reserves over long-inhabited Tamil localities2026.

The endorsement and facilitation of these policies by security and land administration arms of the state-coupled with the blocking of land return or legal redress-evidences a deliberate and sustained campaign of Sinhalisation, as alleged by community representatives and international watchdogs alike.

10.3. Patterns of State and Judicial Inaction

As documented throughout this report, repeated attempts by Tamil landowners to leverage national law, local administration, and reconciliation processes have yielded at best partial acknowledgment and at worst outright inaction. Underlying many of these failures is the constitutional prioritisation of Buddhism and the enduring entrenchment of military and security interests in the region-structural realities that have rendered the Tamil pursuit of justice incomplete and fraught with risk.

Conclusion

The available historical, legal, testimonial, administrative, and international evidence overwhelmingly supports Tamil landowners’ and communities’ claims to the land on which the Thaiyiddy (Tissa) Vihara has been constructed. Documentary evidence-ranging from legal deeds and survey maps to Divisional Secretariat reports-undercuts the legal and historical legitimacy of Buddhist expansion into this locality, just as oral and family-based histories testify to the reality of forced displacement, prolonged military occupation, and exclusion from restitution.

Statements by both Tamil and some Buddhist religious leaders, coupled with action and advocacy by local and central government officials, add further weight to the argument that the construction and expansion of the Tissa Vihara has no just legal or historical basis and operates as a vector of state-sponsored Sinhalisation. International human rights organizations and reconciliation commissions have recognized the dispute as emblematic of systemic injustice, and grassroots activism continues to demand redress.

As the struggle continues, the documentation and narratives assembled by Tamil landowners, civil society, and their allies remain a compelling testament to the right to land, culture, and justice-in Thaiyiddy and across post-war Northern Sri Lanka.



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