Professional Documents
Culture Documents
...
Copyright Reserved
-First published :
1986
Pond at Udavattekale
Park at Udavattek"a le
Pusval
..
)
Dedication
This book is dedicated to all those
priceless heritage
(iii) .
...
CONTENTS
PAGE
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Foreword
Preface
Udavattek'ale and Kandy
Chena Forests and Tahansi K'ala
Tahansi Kala and Ecology
Proclamation of Udavattekale
Extraction of Timber and Forest Produce
E. L. F. de Soysa's Land
A. Philip ' s Land
Udavattekale and Trinity College
The Garrison Cemetery
Eastern Redoubt
Temples and Hermitages
Paths and Roads in Udavattek'ale
The Pond and Tanks at Udavattek'ale
A Tentative Check-list of the Ferns and Flowering Plants
Birds Seen at Udavattekale
Insects Found at Udavattek'ale
Conclusion
1
21
29
37
45
49
53
57
63
71
81
91
103
107
111
113
117
Proclamation : 25 . 10 . 1856
Notice of Proclamation : 14 .04.1893
Proclamation : 13 . 10. 1897
Proclamation : 01 .08 . 1938
Crown Grants : 13 .07 . 1822 & 14 .01 . 1831
Burial Ground : 18.12 . 1851
Crown Grant: 22 .09 . 1854
Crown Grant : 19.07.1838
Mahaiyawa Cemetery : 30.06.1932
Court Proceedings : Rama Vihare : 1934
Gangarama Vihara Rock Inscription and Endowments
Land Lease
Check-l ist of Ferns and Flowering Plants
List of Birds
List of Insects
119
120
122
125
126
128
129
130
131
132
133
135
136
143
149
XI
XIII
Appendices
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
(v)
LIST OF ILLUSTRATIONS
"Cascade in the Forest " - from Sketches of Ceylon by Bar on Eugene de Ransonnet.
"Senkadagala Lena" by Shanta Gunaratna.
III
IV
VI
Painting of Kandy - (1845 - 1850). unknown artist. shOWing Palace and Maligawa sited in Udavattekale. Lady
Horton's Walk. Girls School (present Archives Building . Kandy Branch) and the denudation of the forest.
VII
VIII
"Pai nting of Kandy" (1845 - 1850) . unknown artist. shOWing the Pavilion dominating the scene. dense forests.
Kandy Lake . Oriental Bank and Molligoda Walauve .
IX
Paddy field and chena - by J. L. K. Van Dort. Ceylon. The Near Past.
XI
Xlt
Garrison Cemetery - Photograph by T . S U. de Zylva
XIII
XIV
Fort Macdowa II - from "In the days of Sri Wickrema Rajasinghe " by P B. Dolapihilla
XV
Kandy Lake - by Deschamps showing "One Tree HIli " on right of picture .
XVI
XVII
XVIII
XIX
XX
Citta Vissudhi Lena. situated close to The Forest Hermitage by Shanta Gunaratna.
XXI
XXII
XXIII
XXIV
Marble Seat - by Shanta Gunaratna .
XXV
XXVI
XXVI I
Bamboo - by Shanta Gunaratna.
XXVIII
(vi)
...
XXIX
XXX
XXXI
XXXII
XXX III
XXXIV
Ceylon Crested Serpent - Eagle or ' Snake - Eagle ' - Photograph by Dr . T. S U de Zylva
XXXV
Ceylon Orange-breasted Blue Fly catcher or Tick .ll s Blue Fly catcher - Photograph by Dr . T. S U de Zylva
XXXVI
XXXVII
XXXVIII
XXXIX
XL
ylva.
XLI
Dr T . S. U de Zylva.
XLII
XLIII
XLIV
XLV
(vii)
-3
~-.,:.
- --
LIST OF MAPS
Map of Kandy - Fr. S. G Perera .
II
III
IV
VI
VII
Map oi Kandy Town - showing rivers, streams and water courses - Surveyor-General's Office .
VIII
IX
XI
XII
XIII
XIV
XV
Map of Kandy showing bUildings along Malabar Street and Lake Road - W . R. Nord 1868
XVI
XVII
XVIII
(ix)
...
---
-~.
- _ _ _ -"c
~~ _ _ _ _ _~ '
FOREWORD
The forests of Sri Lanka have played a significant role in the island's history of 2500 years . There are
many references to them in our historical and literary works, and from the 19th century onwards
there are also to be found, brief descriptions, scientific studies, notices and notes, Sessional papers
and legislation, on forests , forestry and many aspects of their conseNation . Yet a comprehensive
historical account of a single forest has not appeared before,
Within the 25,000 sq . miles that comprises Sri Lanka are 1,454,336 acres designated as
forest r'eserves, Of all this forest land, it's perhaps only Udavattek'ale that can be proud of having a
traceable past that goes back a couple of millenniums, if not in, history, at least in legend, The
primeval forest of pre-eminence in the island is the Sinharaja forest - now declared a Man and
Biosphere reserve - situated in the South-Western part of the island; but as it has been so ably
shown in this book Udavattek'ale has its special place in the history of the island,
The latter borders the town-limits of Kandy, and Kandy was the last capital where the island's
monarchy reigned, before its fall in 1815. Its former name Udavasalavatta, meant as has been
pointed out the land above the palace, and since it was the preserve of royalty, it had also been iJ
tahansikale or a forest forbidden to the commoners,
The author, in his comprehensive account has gone into practically every aspect of its history.
He recalls legend and history associated with Udavattek'ale and has shown, how, over the years, this
forest has been appreciatively described by writers who had the occasion to visit it.
Today, the importance of forests for the well being of man, is brought out and emphasized
every day, in all parts of the world, and its management conservation and extension has been given
utmost priority, Conservation of forests assumes even more significance in smaller countries or in
islands like Sri Lanka, where an ever increasing population and necessary development for industry
and agriculture, invariably contributes to the reduction of forest coverage. But in this reduction there
is a limit. For living things, a plentiful supply of water is necessary, and to have water, rain should fall
in due season. The necessary concomittant seen here, is that if rain is to be had in due season, the
conservation of forests has to be assured,
In his sixteen chapters, the author has shown, the place occupied by this forest during the
days of the Kandyan Kings, and also latterly, how it had been used and encroached upon for various
purposes , Forests are to be managed for the benefit of man and not just for their per se importance;
and it is here that clear-cut policies and their firm implementation are required.
In the course of delineating the history of this forest the author has also shown ecological
concepts and conservation practises in this island down the ages , Here, it may also be well to remind
ourselves, that the 2500 year old civilization of Sri Lanka was based on irrigation and agriculture, in
which the role of the forest would have been indisputably established . Among the primeval forests of
Sri Lanka Udavattek'ale is not only an historic forest but also a living laboratory for the student of
natural history and is a haven for those who seek peace and solitude,
The author, apart from listing out and giving the history of the present occupants of what was
once a tahansikale, has also given a check list of ferns and flowering plants and of birds and insects
to be found within its confines. It is also interesting and gratifying to note, when he says, "it still
valiantly pre'seNes some vestiges of its primeval-ness in a few surviving endemic species, of wh;rh
one is found in two other places in Sri"Lanka and nowhere else in the world".
(XI)
- -,
- -- - - -
This book on Udavattek'~le or Udavasalawatta breaks new ground on being the first
comprehensive historical account to be written on a forest in Sri Lanka. It is also significant. from
another point of view: in that. it being the work of a keen conservationist - a doctor with a very busy
practise - and not just the end product of a routine academic exericse .
In compiling his book the author has spared no pains to make the work written so vividly and
lucidly as comprehensive as possible. and I am personally aware of the many. long and arduous
hours he had spent. at the Archives pouring over little legible writing of the past, to discover
facts. for a story as authentic as possible. According to the author "what happened to Udavattek'ale
is more or less what happened generally to all other forests in Sri Lanka~ and therefore to him
Udavattek'ale has been symbolic .
Thus. while the author deserves all praise for his labour of love. it is hoped that the message of
conservation he conveys is well taken. and that it would receive the extensive publicity that it so well
deserves .
G. P. S. H.' de Silva .
Director. National Archives.
1\
rT
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Ir
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tl
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(xii)
rst
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im
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~S .
PREFACE
It was on 9 January 1982 that His Excellency, J. R. Jayewardene, President of Sri Lanka, requested
me to write the history of Udavattekale and President's Pavilion which was situated in the original
forest. This request was made at a conference which A. B. Damunupola, Government Agent. Kandy,
S. Godapola, Forester, Kandy, and I had with the President. The conference was for the purpose of
discussing ways and means of protecting Udavattekale, attention having been focused on the urgent
need for it as a result of a newspaper article which had highlighted the murder of a woman inside the
forest.
I being a novice at historical research and study, had to grope my way through the vast sea of
knowledge to be found in the National Archives, library of the University of Peradeniya, temples,
Villages, Surveyor-General's office and even had to seek information from 'old timers' .
I have used this reserved forest and sanctuary as a symbol of the history of other forests in Sri
Lanka . What became of the once dense vegetation of this island, became for me a burning question
which spurred me on with the task of obtaining information for the book.
I thank G. P. S. H. de Silva, Director of National Archives, for his help and guidance and also
for writing the foreword. His staff at the archives were most obliging, especially Mrs. P. Muttuwatte
and staff in the Kandy Branch of the Archives . I must also acknowledge the assistance rendered by
Tom Baron, a historian from the United Kingdom, who gave me a clue to George Turnour's diary.
Prof. B. L. Panditharatne, the Vice Chancellor of the University of Peradeniya and the Librarian,
N. T. S. A. Senadira, I thank for giving me permission to use the library. Special mention must be
made of W. Dharmadasa and G. R. Karunaratne, known by the undignified name of "Library
Labourers" but those knowledge of the books in the Ceylon Room is truly exceptional, for it was they
together with A. R. M. Ratnayake who were instrumental in finding many references for me.
My thanks are also due to Rapti Ranasinghe for typing the first copy of the manuscript .
This book would never have been a reality if not for that energetic and friendly Government
Agent of Kandy, A. B. Damunupola, who arranged several interviews with H. E. the President and
gave me all encouragement.
The Deputy Surveyor General. Gamini Wijepura, Walter Guneratne and S. Seneviratne on
numerous occasions patiently helped prepare the maps. To them, the staff at Kandy and to the
Surveyor General. S. D. F. C. l'Janayakkara are due my thanks.
I also thank Dr. Mrs . Thelma Gunawardena, Director of National Museums, for the list of
insects found at UdavattekEile and Prof. S. Balasubramaniam for the list of trees found at
Udavattek"ale, L. B: Karunaratne of Trinity College, Kandy, for information 01") the rare lizard found in
the forest. S. Godapola, forester, Kanciy, and his staff for locating sites, trees and places of interest.
Dr. T. S. U. de Zylva for his excellent colour photographs and Shanta Gunaratna for her drawings.
Prof. K. M. de Silva's severe criticism of the first draft of the manuscript left me totally disheartened
but later impelled me to re-organise the entire work. His invaluable guidance and authoritative editing
I gratefully acknowledge.
The Government Printer, Neville Nanayakkara and his staff have given me their valuable advice
and spent much time, designing, preparing the format and printing this book. To them I express my
thanks .
My wife helped me in all aspects of this book. Many were the hours she spent in typing and
re-typing the script; without her he~p and encouragement I would have been in much trouble .
I am greatly indebted to President Jayewardene for his encouragement. several patient
hearings on the progress of the work an,p finally, the publication of the book.
Nrhal Karunaratna
(xiii)
"Cascade in (he Forest" - from Sketches of Cevlon by Baron Eu gt~'1e de Ran sonne ,
( x v)
~"
the soft winds, the sun from the blue sky looks in
and sheds a blessing on the scene . Scarce less
the cleft-born wild-flower seems to enjoy
existence than the winged plunderer that suck its
sweets . The mossy rocks themselves, and the
old and ponderous trunks of prostrate trees that
lead from knoll to knoll a causey rude or bridge
the sunken brook, and their dark roots, w ith all
their earth upon them, twisting high , breathe
fixed tranquility . The rivulet sends forth glad
sounds, and tripping o'er its bed of pebbly
sands , or leaping down the rocks , seems, with
continuous laughter, to rejoice in its own being .
Softly tread the marge, lest from her midway
perch thou scare the wren that dips her bill in
water . The cool wind, that stirs the stream in
play, shall come to thee, like one that loves thee
nor will let thee pass ungreeted, and shall give its
light embrace ."
- William Cullen Bryant (1794-1878),
"Inscription for the Entrance to a Wood"
Mesua Ferrea
...
CHAPTER I
~~.....,-.,
-~~
-,~~~.~~-
......
...,.-~
~
3
there and obtained permission from King GaJabahu to
co ns tru ct a village In that area A Bodhi tree was
pla nted at the spot at an auspIcIOUS hour on Sundav the
27th of Saka era The site was cleared In a dav and a
village (was built) bV the name Senkadagala, after the
cave In which the Brahmin Senkhanda lived ,,2
2 A 5gm Upall1a - Iranslil led from Ihe Smhalese IJY P L PrernaT IIJ<e Pro'essor 01 Arc haeology . UnIVerSITY o. Pc'adenlya . Irom the o" g,nal ola In Ihe
possession 01 W ill tpr W"nalachandra E ~,q 11,,; !p" eDrIS,s!" 01 lurl" Trlree> ll l ~ I,'ave, ~ nd ,"conSI' CIS the I "STo ry " l lh" AS If. Villara trorn Inr,ner lexT s
and oral ' rad'llonS The aut hor and c omp ll~' of he w or k w;;, Wi" yapol ol Allomadtiss The ra. belong nn 10 Il1e Sang ha Sahha of Ihe A 5QII Vltlara The
wor' was completed In Ihe 3rd veal 0 1 Ihe rBl gn o f SrI Y"'ca ama fialasmghe - ,, 3 43 B t l ' 7 5 A D I
3. C w . Nichola s, ''HIstorlcal Topography o f AnCIent and Mediaeval Ceylon ". J R. A 5 (C [3 I. New Serres. Vol VI. Specoal No. 1963. p 115.
4 Ibid
5 Ibi d.
-
.
I
--
--
4
rare to see any living animal other t han the sqUirrels and
monkeys who move among the tree-tops , but their
tracks and their vOices betray the greater animals, and
it was almost entirely due to their presence that w e
were able to explore at all.
6 . Asqtrt Uparha
7. Asglrl Upatha .
8 . John Still, Jungle Tide, Edinburgh & London. 1930. p . 30 .
/I
Mahavamsa - "The Great Chronicle ". is the early history of Sri Lanka, compiled It is believed by a 8hikku by the name of Mahanama in the 6t h Century
A.D. It contains a continuous record of the Island 's history for over a thousand years since its colonization In the 6th century B.C.
R. L. Brohier, FoodandrhePeople, Colombo. 1975 . p . 37.
5
that the land was "generally covered with
Woods"'o and that "All little Rivers and Streams
running through the Valleys are full of small
fish"." He also mentions that there were many
varieties of fruit trees :
3nd
nelr
and
we
ery
Ibly
~sh
Jav
till,
he
ce,
led
on
Wil S
ling
'i ng
VI h
rk
11. Ibid, p. 53
12. Ibid, pp. 26:7 .
6
evening. make the jUrlQles in the low country resound
with the music of their notes. are to be seen or heard .
In the early months of the year. however. when the nilu
seed is falling. jungle-fowl become pretty abundant .
and when the same plant is in full blossom. the air is
filled with the harmonious murmur and the soft hum of
myriads of honey bees. Occasionally. too. families of
wanderoos. or large black monkeys. with white heads.
may be seen . making the distant treetops shake with
their gambols. as if they were being agitated by a
hurricane . whilst their eldritch laughter is echoed
through the jungle; in resounding peals. until the
midday sun makes them seek some leafy shelter from
hi s scorching rays. where they may. like all the other
animals in Ceylon . enJoy a refreshing repose during the
noonday heat. ,, 13
13 . W illiam 80yd . "Autobiography of a Pe riya Dural ." Ceylon Literary Register. Vol. '" . No . 5 . 1888. p 83 .
14 John Fletcher Hurst. "T he Enchanted Road to Kandy" ; See Images of Sri Lanka through Ameflcan Eyes- edited by H. A . I. Goo ne\lleke . Colombo . 1975
pp 199-201.
15 . K. M . de Silva . A History o f Sit Lanka . London. 1981 . P 82
16 . 0 M. da Silva. Wickremabahu o f Kandy. Colombo . 196 7. p. 1.
17.
K M de Silva. op ci t. p 99
...
7
"Kande-uda-rata", meaning In Sinhalese "the country on
the mou nt ains" from w h ich term was derived the
Port ug ue se appel! a: :ons Ca ndl hure and the more
popula r Ca ndea, Ca rnd e, Ca nde and Ouande and
Camd la.
,, 18
.
hu
er
.. 17
as
ral
he
ed
18.
19.
20.
21.
975
23 . O'Oyly 's Olary, JRAS. (CB.), Extra No. 191 3 , 1917, p 244 .
22 . Malabar Street.
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the
FRAZER's
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REFERENCE TO NUMBER>
MAP of
I P,lo
\ SEN K A D A GAL A
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John
t,
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I~ ~~~~;~~ ..R~I:pc;~l
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25, A. C Lawrl", Gaze tteer of the Central Province of Ceylon, Vol. I. , COlomb~ ( 18961. p 72 .
~ .-~
J
NAMES OF STREETS
26
g:~.~o~"dlP'
II
11
13
1<4
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16
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24
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27 Am,n wal lon Repor! . ForeSI Depanment. 18 9 3. p. 2
28 Uda, II ,ale F Ie No 11 1127 Pa n (4) Fore I Departm ent No . H 15 . Csiombo 20 February 1929 (The extenl of Ihe are a re served was 257 ac re s.
Tw o smaliporllon s. one con Inrng 2 ac re s. 1 foo d and 9 .8 pe rches and th~ olher 25. 3 perches w ere nreserved In 19 24 and 193 4 respec l1ve ly
29 A Fares ! Inven lOry 01 Ceylon - A Canada - Cevlon Colomo Pian PrOJeCI 19 1 - Irlven ory of For esl Res erve s - Ap pend ix 5 . No . 172
.
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(present Arch ives Building, Kandy Branch) and the denudation of the forest .
Painting of J(andy - (1845 - 1850). unknown artist, showing Pala ce and Maligawa sited in Udavattekale , Lady Horton 's W9 1k , Girls '
o---+.
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3 1. e g. Uplands Esta te was at Udavatt eka:e . the remna ~ls of wh ich form
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Kala
32 . Such as for se tt lements In Lewe lla. Arup pola. Mawllmada. Boowelikada . and no t forge tti ng Kandy town Itsel f
of
Adam's Peak
--~ -.--
. ...
--...-.-.
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MAP
KANDY TOWN
,-
... .J
Showing rivers, streams and water courses - Surveyor General's Office - 1983
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CHAPTER 1\
TAHANSI KALA
1.
2.
3.
4.
22
Apparently the practice of chema cultivation,
which was carried out on the gada bim. is of
great antiquity* and the Sinhalese people would
have practised this form of cultivation in the dry
zone plains for several centuries as well as in the
wet zone mountains, later on.
Codrington defined chena land (hena, plural
hEm) as :
"High land of which the Jungle is felled and burnt at
intervals of time, the ash is used for manure and hill
paddy, fine grain, etc. is grown. The cycle of cultivation
lasts for two or three years after which the land
relapses into jungle ,,5
Cumbure
Hene
Gedere Watte
1 0 0
200
020
Hene
Hene
Hene & c. ; and then,
Siambalagaha
Kahatagaha
Darande
Cumbure Wafte
Cumburehiline--Watte
Cumbure Watte
23
is
Paddy field and chena - by J . L. K, Van Dort , Ceylon, The Near Past.
10
11
12.
13
-7
See H, W , Codrington , Ancient Land Tenure and Revenue in Ceylon, Colombo , 1938, p,3 ,
Tombo - Land Register
H, W , Codrington , Ancient Land Tenure and Revenue In Ceylon. Colombo, 1938, p 4-5 ,
H, W , Codrington , in Epigraphia Zeylanica. Vol. III. No, 24, p 238.
H, W , Codnngton, Ancient Land Tenure and Revenue m Ceylon, Colombo, 1938. p ,8
Ibid,
24
"Si r,
With reference to past correspondence I have the
honour to enclose an application made by Colonel
Macpherson to pur chase some land situated at
Attebagey near the N'Eliya road, as well as a copy of
information taken by me regarding the claim preferred
by certain Dooriales of Attebagey to that land.
"Having already very fully explained myself on this
subJect, I shall now only observe that under the native
government no value or importance was in general
attached to waste or forest lands . In the rare instances
in which these grounds were reserved by the king , their
limits were defined and they were ca lled , owing to that
reservation, "Tahanam Kaille" or "Sequestered Forest",
all other waste lands were considered to be common
or appurtenances of the nearest village . The inhabitants
of those villages were allowed to possess, to the
exclusion of the inhabitants of other villages, the right
to all the game as well as the privileges of clearing
parcels of the ground for chena cultivation within those
limits. and as they had ce rtain taxes to pay and
personal services to render to the king, without
reference to the extent of the land cultivated, no extra
ta xes were paid for th ese wa ste lands occaSionally
cultivated as chen a - but these privileges rested on
sufferance only excepti ng in special cases where
specific grants were made by the king in which the
boundaries were usually defined .
" 16
14 . See also (SDT) Statem ent of different Tenure s of Lands. 1818 ; and 8ertolacci . p. 238 and H. W . Codrington. Anclenr Land Tenure and Revenue in
Ceylon. Colombo 1938. p 8 .
15. H W Cod rington . AnCient Land Tenure and Revenue in Ceylon. Colombo 193 8 p 8.
16. S.L.NA 6/ 134 5 George Turnour. Government Agent. Central Province, to Colonial Secretary, 24 June 1837
17 . Ralph Pleris. Smhalese SOCial Orgamzanon, COlombo 1956 . P 48
18 . lbid .p . 47
19. Ralph P,eris, op . cit. p . 44.
,.
J
...
25
According to D'Oyly,
rs
3n
5e
ria
1a
;h
"
,d
Df
re
re
lJ t
a,
at
In
)n
In
Id
Ily
ut
,d
)e
re
In
Ie
Ig
ly
)y
is
.d
wh o e badge
26
The KCile Korales may have been law
enforcement off icers as well. The Badulla
Inscription dated in the second year of Siri Sang
Bo Uda, who is identified with Udaya III (942
A.D) 27 is rendered by S. Paranavitana as :
"The eight of the vi llage and the eight of the
forest.
.who had received injury
. the eight
who .
.and the pirivahanna shou ld sit in session and
make investigation . For the crime .
.should not be
levled .,,28
Codrington states:
3
"In the Badulla pillar inscription 'we read of the gam
adaviya atadena, "the eight village committee-men and
the eigh t forest committee-men" as rendered by Mr .
Paranavitana or with equal probab ility "the eight of the
cu lti vated land the waste " , in the great vill age
Hopitigama No lodgings were to be taken in the house
of the eight in this village (lines 36-38) So far as I know
this is the only clear reference to the administration of
village affairs by committees such as are found in South
India . For Councils of five and of eight , compare the
king 's great council of five and the great assembly of
eight in the Tamil classical dictionary Tivakaram. The
Kandyan gam-sabe and rata sabhava were courts
rather than adm inistrative bodies .,, 32
27 .
28
,29 .
30
31 .
32.
33
34
35
Fa ther Fernao de Queyroz translated by Fr . S G. Perera, Temporal and } Splfltual Conquest of Ceylon, Book 3, Colombo . A. C Richards, ACling
Government Printer . 19 30 p 614 .
-~
...
27
And again
as
ire
:ut
nd
ne
ng
Another reference is
J,
"
5
If
)f
And also
I,
e
S
Ir
e
n
36.lbid,p . 615 .
37
Ibid.p616
38 Ibid,. p. 614.
39 . James Emerson Tennent. Chris rianirv in Ceylon, (London, 1850]' pp 362-4.
40 . S.LN A
41 . Lorna Srimath ie DewaraJa, "Revenue of the King of Kandy" . JRAS (CB), Vol. XVI (New Series). 1972. p 21
42. Nltl-Nig handuwa - A vocabulary of the law as it eXisted in the last days of the Kandyan Kingdom translaled by (I) CJ R Le Mesurrer and (IIi T 8
Panabokke, Colombo, W illiam Henry Herbert. Government Prim er 1880, p xxxi
43 . Ralph Pieris, op cit . p. 46 .
44 . S.L.NA 6/1474
--
-...-
~~~_=-_::=;~~
- :--=-- ..
::-:-- -,-:,=--=-=:..;._
."
PJ
IT
9
"I
9
a
s
tl
f(
tl
f(
- <
CHAPTER III
30
of
the
4. John M. Senewatne, "Kindness to Birds and Beasts in Ancient India and Ceylon" , Ceylon Antiquary and Literary Register, Vol. VI part I, 1920-1, p. 9,
5 . Mahavamsa Ch. XI. translated by L. C Wijesmghe , Colombo, C. J. A Skeen, Government Printer , 1BB9 , p . 44.
31
luld
I to
3 of
the
and
to
3rks
'gha
:ish,
m's
year
8 7).
!fect
voir,
ited,
1t of
er in
ly to
en a
own
lited
e of
the
Ited.
the
red
fifty
the
of
pt
for
9,
10. Asglrl Upatha, translated from the .Sinhala by P. L Praematlilake, Professor of Archaeology. University of Peradeniya from the original ala in the
possession of Walter Wimalachandra Esq.
11 . Encyclopaedia Britannica, vol. IX. 1954. p.504
EmphaSIS added
a O'Oyly pp B-1 2
12 . Julius de Lanerolle "An Examination of Mr. Codrington's Work on Anc ient Land Tenure and Revenue in Ceylon- . JRA S. CB Vol XXXIV. no. 19. 1938,
p.1B .
-8
32
-~
:hed
w ell
I of
the
the
l ent
ater
vatte
Ih t to
In d it
fields
( the
'led a
i the
~ me
l ent
) an
the
l ear
tt er
t by
and
tely
" her
oaha
33
which were royal duties. Water preservation too
was an important duty of the King.
We know that a function of Sinhalese kingship
was the bringing down of rain in due season. 17.
Along with the introduction of Buddhism into
the Island the objects believed to possess the
power of bringing down rain were brought into
the country, the first of these being the branch of
the sacred Bodhi tr'ee. 18.
It is significant that the park which was
dedicated
to
Thera
Mahinda
by
Devanampiyatissa
bore
the
name
"Mahameghavana" - the great rain cloud forest.
The circumstance which gave it that name is also
significant, 19 and the fact that the right branch of
the sacred 80 tree was planted in that forest.
These facts show that the connection between
rain and forests would not have been unknown
to the ancients.
The theory that Sinhalese kingship was linked
with the function of rain-making is acceptable
because of the importance of rain water to a
civilization that was based on agriculture.
The well known Buddhist stanza of blessing
pronounced usually at the end of a recitation of
Pirith has implicit in it these ideas of agriculture,
rain, righteousness and kingship found in our
culture:
"Devo Vassathu Kalene, Sassa Sampaththi hethucha
Pitho Bhavatu Lokocha - Raja bhavatu Dhammiko"
~ade
the
that
al of
IVers
~ by
rcoal
bove
lurse
1i/ddy
enas
I the
ate
:)Ver
the
ses
17: C E. Godakumbura. "Sinhalese Festivals". JRAS, CB, Vol. XIV. New Series. 1970. p. 101.
18. Ibid. p. 102.
19. C F. Mahavamsa. translated by L. C Wijesinghe. Ch. XI. Colombo 1889. p. 44.
20
H. Parker. Ancienr Cevlon. (London 19091. p. 379. quoted by K. M. de Silva. In A Hisroryof Sri Lanka, London. 1981. p 29.
34
23.
24 .
The above explanation was supplied to me by Venerable Bhlkku Olande Ananda of the Rockhill Hermitage at Vegiriya. Gampola from the
"Vinayamukka" . Vol. I. Ch . 7. under Pacittiya - Expiation. the section on plants - Bhuragama - vagga, from a book printed in Thailand on the rules for
monks
--
,.
35
ler
~re
ed
of
en
se
he
bs
y'0
la
he
se
/e
its
1m
lot
of
'e,
of
of
(s,
or
ng
lis
ey
Ito
24.
VenerableNynanaponika Maha Thera of the ForeSI Hermitage, Udawaltekale, Kandy, President and Hony Editor, Buddhist Publlcalion Sociely, Kandy ,
25.
26
J . P Lewis, c.C.S " ' Hilpenka ndura al Kandy ' JRAS, CB Vol. X No, 35 (1887) pp 120-2
36
~t a
'led
CHAPTER IV
:ept
Ip ly
"eat
Ito
heir
ngs
tain
lers
;ive
one
the
ing
las
las
of
)US
..
PROCLAMATION OF
UDAVATTEKALE
ive.
cal
tsts
"The groves were God's first temples. Ere man
learned
To hew the shaft. and lay the architrave,
And spread the roof above them-ere he framed
The lofty vault, to gather and roll back
The sound of anthems, in the darkling wood,
Amid the cool and silence, he knelt down,
and offered to the Mightiest solemn thanks
and suplication For his simple heart
Might not resist the sacred Influence
And from the gray old trunks that high in heaven
mingled their mossy boughs, and from the sound
of the invisible breath that swayed at once
All their green tops, stole over him, and bowed
His spirit with the thought of boundless power
And inaccessible majesty. Ah, why
Should we, In the world's riper years, neglect
God's ancient sanctuaries, and adore
Only among the crowd, and under roofs
That our frail hands have raised. Let me at least,
Here, In the shadow of this aged, wood,
Offer one hymn-thrice happy, if it find
Acceptance in His ear."
- William Cullen Bryant (1794-1878) From
"A Forest Hymn"
38
cleared off for the site of the Governor's
residence, for roadways, for a school, for
homesteads and for coffee plantations. It is
intersting to note that one of the earliest Sri
Lankans to purchase land in Udavattek'ale wa~ a
businessman, an arrack renter, Jeronis Pieris,
and his descendants planted coffee on that land.
It was in 1856 that Udavattek'ale was declared
a reserved forest by the British authorities but the
necessity of forest conservation was not fully
realized till 1873 during Governor Sir William
Gregory's period in office, when Dr. J . Hooker,
Curator of the Royal Botanical Gardens at Kew,
expressed great concern at the destruction of
forests in Ceylon, as it was then known. The
Forest Act became law in only 1885 and the
Forest Department set up in 1887. It. however,
took five more years, from the setting up of the
Forest Department, before the process of
proclaiming Udavattek'ale a Forest Reserve was
commenced .
The proclamation that declared Udavattekale a
reserve in 1856 is worth careful study and is
re-produced in the Appendix (No 1)
On 20 February 1893, H. F. C. Fyers,
Assistant Conservator of Forests, Central
Province, wrote the following minute on
Udavattek'ale :
"I thin k the jungle above Lady Horton' s drive could be
very much improved if all dead trees are cut and,
suppressed trees freed of all creepers, and bare places
planted With fast growing trees and the land kept clear
of all heavy undergrow th All the Jungle IS at present
under the control of the MuniCi pal Council, and I would
suggest that It should be placed under the Fore st
Department and proclaimed a Re served Forest in order
to protect the timber trees and prevent cattle tre spass
The roads and paths being kept up by the Council-a
sum of Rs. SOO migh t be expe nded yearly from the
plan tation vote towards the improvement of the Jungle
and some reven ue might be derived yearly by sale of
dead Ire es fo r firewood etc'"
U. K. R F. File No. 111 / 22 C Div. H. F. C Fyers ASSistan t Conserva tor o f For es ts. 20 February 1893 .
3.
4.
".
39
ry,
)vt .
'las
f of
I of
Sir
md
far
!Vas
the
Ider
arly
and
ove
td a
.,
ce,
the
the
1st
the
It)nt
Udawattekale
6.
Ibid
7.
9.
-9
/Ula
40
10
1 1.
'2
41
nor
way
e to
y be
ality
the
yrde
2. 96
ent,
by
lads,
11ent
'9 to
and
)ry .. a
ond
,sible
lever
the
1. it
)uld
,ina I
the
, He
j on
the
re ss
ans
ein
In
42
so
l
no
in
44
,, 19
17
18.
U. K R F. F,le No. 111/22 C Division No 627/16:322 . C S Vaughan. Government Agent . Cenlral Province to COlonial Secretary. 27 OctOber 19 14
19.
U. K. R. F. File No. 111/22 C. Division (part IV) Forest Department No. H . 15, May 25. 1938.
20
Ceylon Government Gazelle. Part I. (General). 29 July 1938, p. 984 (See appendix No 4)
CHAPTER V
for
the
FOREST PRODUCE
"
of
it
1 1 1: 22 C D,v"
O ' OOG!)
of
111(1
numerous
tl r 'l~
we re del :sely
U K. R F File No . 111/22 No . 21 Governme nt Agenl. Cenlral Provi nce to Conservator of Fore3ts. Colombo, 11 March 1893 .
U K R F file
slg~ ~ :
46
Assistant Conservator of Forests. N'Eliya
Division. in his letter of 9 December 1906 stated
that he had visited the forest and that
"there is more than ample fuel available for the supply
of the King's Pavilion without affecting the appearance
of the Forest from an artistic point of view, which is
important owing to its situation.
"I propose to divide the whole area of 200 acres into
10 acre blocks to be worked in rotation of 20 years
The fuel procurable from 10 acres being ample for the
yearly supply of the King's Pavilion.
"I may state that the demand can be met the first
year at least. from dead wood in the forest without
3
cutting any fresh timber
47
SCHEDULE
of
to
1
2
12
30
------------4
2
34
-10
UOAWATTAKLLL,
f. R
{,..
rf'sdQ7J
.... }
:
'~1
r!1.rOI6;,.
(
\
"
{'OM
Ki"li,5/-
:;
~I 4--ACRES.
rlonr cd
AIs!ol'tq
/'1
0,,"0"':
S.:JL u
I<O(IJI;"'~I.//'.r..
tc(~In(7la.
c::::=J rore~t
Re~erve
i.n a/uuA
CHAPTER VI
E. L. F. DE SOYSA'S LAND
"The bus iness man, the acqu irer vast.
Afte r ass iduous years surveying res ult s, preparing for
depart ure,
D,iv id es houses and lan ds to his children, beq uea th s
stocks , goods, fun ds for a school or hos pital,
Leave s mon ey to certain companions to buy tokens,
souvenirs of gems and go ld."
W alt Wh itma n, (18 19 - 189 2)
From "My Legacy" in
"Leaves of Grass", 189 1-2
To
P. 4.5688
1 23
624-4
./.2.3
51
52
And the Government Agent continued in that
letter,
"The Udawattekele Reserve was formed in 1895
after inquiry into claims (Government Gazette of 15th
October 1897, Part I, page 638) and I find that this lot
H 23 was excluded and was shown as land on the
Southern boundary. I also find from the Municipal
Council 's assessment lists that the land is entered from
the year 1867 for taxation. The owner is given as
Charles Soysa , and the land is described as coffee
garden . The Municipality started in 1866 and taxes
have been paid ever since on this. It is therefore evident
that the Soysas have had very long possession of the
land and the only occasion on which there has been any
question was in 1882 when there is said to have been
some question as to the use of a well .
"Mr . Soysa however feels that the absence of a
Crown title is a draw-back and wishes to pay Rs. 500
to settle the Crown claim to the land. I recommend this
settlement and would suggest that the lot be
advertised for settlement when the payment can be
made and Crown Grant issued .
"The other blocks as appearing in the Auctioneer's
plan were sold . the average price realised being about
Rs. 2.000 per acre and substantial dwelling houses
have in some cases been already erected by the
purchasers I understand that as regards Lot H 23 the
agreement is to sell it for Rs . 1.000 when the
Government claim is settled .,,5
~~
. . . . :~:: . . - .t?
\',
\:::::; ....1'!
Pl()pet1y
"LH
c!
';;:.~~~;:::::;
"~.'
>,
;.P-f9114
/ ( , .. :.
\',"',071.
Ii.
_~'. ~.::;;/
,.. . ,.....
.:.;'{.,,~:.~.:$;;:;;/
Rs.504 .80.
lands.
K
n
n
a
tl
e
b
C
F
C
5. S.L NA 18/655 . 4 December. 1913
CHAPTER VII
A. PHILIP'S LAND
Ran sure,
in tail,
Without fail,
Forevermore.
54
55
~ds
22
ugh
ora
lese
lot
Mr
few
the
The
lr of
, the
light
'9 is
IP in
ISIn
ainly
t for
d so
Dut I
ould
22
has
him
der
!s is
I the
if a
law
)hilip
the
with
S, of
mof
5
6
56
Supreme Court ma y reverse the decision of the
District Judge The burden of proving that the title to
the property, was in th.e Crown, by the nature of ~he
action brought, falling on the Crown.
5 . I further am of opinion that the settlement of this
case on the lines suggested is an equitable one seeing
that the Crown has allowed this lot to be occupied for
as many years by Mr . Philip's predecessors in title
without br inging any action , and a settlement at this
stage would save the Crown from the risks of having to
pay the costs of suit and possibly in the end losing both
pieces of the land ."7
he
as
)ril
CHAPTER VIII
~ nt
as
79
ed
nt
(e
. I
UDAVATTEKALE AND
TRINITY COLLEGE
If a college be planned,
.J
See Nlhal Karunaratna , From Governor's PaVIlion to President's Pavilion, Colombo. 1984. p. 4
P B. Dolapihilla in his book, In the Davs of Sri Wickrema Rajasinghe, marks this fort as Fort Macdow all in the map of Senkadagala after John Davy.
182 1. Also see Nihal Karunaratna op .cit .. Plan of Kandy in the Island of Ceylon , showing the position of the Redoubts , 1816, p. 24 .
58
their own that they should be enlightened by the Tru ths
of the Gospel, any event tending to incite disturba nce,
would ,delay instead of advancing it.
His Excellency is convinced, that they would not
overstep the rule s of caution but their sacre d character
and object are too well known not to excite the
expectation that they will endeavour to extirpate
paganism and the lower orders, we know from
experien ce are ready to assist in any Political Scheme
. against Government and the infl uence of Reasons
above mentioned might in the first place promote
perso n s to sudden vio le nce to themselves. His
Excellency therefore does not thi nk it safe for them to
re side out of the immediate protection of a Military
Force and as Amunapura is not intended to be kept up,
the same objections occur. The governor knows that to
their character and zeal the dangers wi ll not appear
great but any insult to them must involve the
government in its consequences, which might be
serious. His Excellency is glad to observe that they have
been invited to establish schools in Yatinuwara and
sees in the extension of such a system a prospect of
removing bars against acceding to their request and as
the dista nce is not great to any part of the upper
province he thinks much will not be lost by their residing
in Kandy,,1
In
59
by
4 Regina Heb r. Bishop 0 : Calc Ila. Na rra lVe of 8 Journey I rough rhe Upper Provinces of India from CalCli na
upon C ylonl eOI ed by A eha Heber. 31d ed London, 1828 . p 18 1.
!'i
Simo
aSle
{O
n Ol e s
60
* This old
man died very suddenly and very shortly after his death
an elk wa s heard belling in Udawattekele. night after
night. and the people in the neighbourhood - at least
the Buddhist and superstitious portion of it - insisted
that the spirit of Old Pattegama Mohandiram had
passed into the elk. hence the contiriued belling of the
animal in the Jungle, not far from his dwelling . The
belling ceased however. after a time and a rumour went
abroad that some very clever Kapuralle had come over
from a distant temple and had Succeeded in charming
the disconsolate elk. ,,6
Advocate Eaton's house was transferred to one Green who sold it to D. Curion and finally to D. A Epa who has recently pulled down the old house.
6. J . B. Siebel, 'A Dip into the story of Kandy,' Journal of the Dutch Burgher Union. Vol. XLV Lecture III. January 1955 . p 18.
.-~.
CHAPTER IX
- anonymous
-12
64
The area adjoining this cemetery was John
Fraser's Land . Recently (1982) the land was
cleared of trees and two houses put up ,
mutilating the scenic beauty of the forest .
The Secretary, Municipal Council, Kandy,
writing to the Government Agent. Central
Province, Kandy, regarding the land adjoining the
military medical officers' quarters in Malabar
Street stated :
",Sir,
With reference to yo ur lette r 225 of 12 A ugust
1920 I have the honour to state that no buria ls have
taken place on block T. P. 49 87 1 adjoini ng the old
Garrison Burial Ground. On the closi ng o f th e latter
Ground in 1875 a Genera l Cemetery at Mahaiyawa
was opened in the s ame year and t he bu rial o f
Episcopalians took place in the portion set apart the re
for the Church of England.
"2 The land In question IS under lease to the Kandy
Municipal Council since January 19 07 ,, 3
S. LN . A . 1Bj655Kandy, lBFebruary1921 .
4
5.
6.
In
Ag ed 49 years
He was the second son of the Rev . Mathias Doyly,
late Archedeacon of Lewes In Sussex .
And thiS memorial is erected by hi s thr ee survIving
broth ers ,, 6
65
ants
d to
near
en a
ni ng
Ilten
1any
din
rom
. as
ther
ng le
s to
ually
vere
but
1ge..
into
1his
:ted
, as
the
:ase
lere
out.
If It
'Ives
B of
and
the
lave
Ilies
According to J, p, Lewis :
"Sergeant-Major David Meaden . 83rd Regiment.
was gazetted Ensign on November 7. 1818 . He was
appointed Adjutant of the Armed Lascoreens. and on
March 25. 1820. adjutant of the 2nd Ceylon Regiment
with the rank of 2nd Lieutenant. He was a fellow
passenger of Lieutenant-Colonel James Campbell.
45th Regiment. author or "ExcurSions. &c. in Ceylon"
When he returned to England in the Princess Charlotte.
which left Colombo on August 27. 1823. another
passenger being the Rev. J . S. Pering. Chaplain at
Kandy. from December 1821 . Captain Meaden had
married at the Cape on January 8, 181 5. His wife died
at. Colombo in 1849 (see No . 175) He was father of
Lieutenant Colonel James Meadenof the Ceylon Rifles
(See No . 448) His daughter, Margaret Susan. married
at Kandy on January 9. 1857 , Capt . Lionel Hook.
Ceylon Rifles . She died at Trtncomalee. February 2.
1858. aged 24. Another daughter. Alice married
Captain C T. Clement. C R. on January 1. 1852 (see
No . 132)" "
\,
.............. \..
',-
"
Mop showlng
\,
DAVID
MEADEN's
PROPERTY
..,
~ "';1
"
.. '
.)
'\,I ./'
"
'-,
,
(
"
,I,'::
.''.
~~./'
v,....... . _/
cP
r'
.z,.<........!,.: . G.p .s .
.s. C N . I/.
"/IV7V
,_
~, :~:-.!1';,nlC:::o/J"
11.
7D
'7
.,
Bu",..1
l.euJls Her-b.
!J1i
78
/1'01
75
1.
7~ lo~;~a Ship"
AI/I:e Co,Pe} A'a rchand
?.J Sarah
"2
......
~,~
'C1r
n,
I'*
"i '/.2
/Jzabe/h F'l'eh:
Of '8. ~ IS/f rt/r:1I. wifh lilt' YN
John F,.ed,.;c Wnjhl
lIonfJ/~lha Goof,..I~01}.l.,.:JfI
1. 4.ISI4. - - - -
IS4 rie0'Ye W,lliamlfem:J"ri,jhl
IH H~"'':J Thom!,son
Ilf
(~3~~2\
1.'1. H,Cha,.d Hen,.!! P'-"".'<3'1
:J
137 If. H.cIe Sora,...,
==~~-L______--------~
183
13e
"UI77e'
J/""mb"tt:;ls)
We ITl!
Ch;,.slo'phtJJ'" W,..:n
. 141 lh4l8eie ,"Yri.7h1
W,lham Jroho" JladvooJ '" LP.8.Rohel'tJon
.
1/1 Camillo OiJlonfebe/Jo P"6W
148 t/ohfl .Ge,.ard (i1l'3er
1/2 .Jame. Soule!"
~.
144 Nev///e H 8',:h
,
/1.1 ./IlexanderFjI/"Soule,. J
115 a""'rud" Ern,!!! r,"!5Tson
II.,. Hen,.!! )fa drenz/e
116 ol<3nc rChor/~s Edwcrrrl
115 ucOt:!Je Crowe
IH "~rn"s.5~ 8/acJ.dl
16 1.o,:,is MOIJnus Hemy
/feW,I/i",",D'!I.fes la Toue/'
/l'i' 1Y11I,amChoI'J,,# lilac Read:!
,(~ HtJn"Y Lea"'.
II~ FnJclr/clr .mrnhal71.
110 Wi/liOn? "-allh"w
II' HenncHct JlaJ'Ya Han".!!
III Mr:v-.!J /fl''.!lhl
120 Thomas PenrDlh" Me Cad
'12 .HanneJ,Prude.!J
JZI Herber! dwarrlC,."".!"Dna'?j 153 Isa6olla.lf. Ros..
/22 "~el GIbson
.
I f f "ames oCOtl,<bon
IZ4 Ellu:,!:,ellr Gn:gory
14S IktKJ.. H.YonWuoclz.l!n
IZ4 Hanrfod Bannt:,. (,'""'" __(, J56 IItvy W1!Ik
/2. ~ R, Me a,II
.
157 Cnu,.les P J/arlru$
IU Rob..I"I.Jll'71Ol1
1&1 ,,'-/I/a_ pyoeior
130 j;me/,"o ..ender.1on(nolfound)
Hon'bk James (au'field
!:E!.. 0(9""'' nol 9~ 163 Gearye ,s,e{,/tJ. _ _ _ __
J(t:rcht::"J;cn, bal formd ,"n ~vr; 'I'!!!L
10!1
108
~-----
72 Jame3 Jfac.,J.tJR
OF
Mo,'::Jrel uOIrllDclt
.
E ",mund Stl,"~son Warm.!! 10QMargCll"el JJSNorIhW'!J
John .'1po/f,"s J1'oode Roberl~on '01 Hl7/iam R"''' L!!'d
Ma"'l ./Inn Ileac/en
102 John [k,Jru f.ue.
OJellr:e fiu,dd
10J Cam,Pb4l1
ooo/d Jlolr ...
104
U~""
//fa,.lin Fraser
106 .Jo'w'ah Phi"" :!J!JokI
mlliam lIe,.~
106 oo'"ald BJ''!!.
U,,,,dY'T
PI _,
Ed",ard PoiJf"dull"t:
/;",a.J/nn PFiJI'f..oI6
HMrJ Jarn,..s JI/I",,&;
.Ab"a~m Hew/on };antlt1fn
..IInl"o":!. DeantJ
"am~~ s",i/I.
oatJId Bell
(.are!! Curand
,.
Hau<jhlon tie<"!JtJ ROhde
WJI/'a1T7 Toi'
,. 1Io,.;e ../Inn Be!!
{ieor.!]e Hen,.!! Freelr/elon
~4 H""'Y mllian? de E"k,.,.,.
55 JoJm Hen,,":! C0r,neli
~ Jlur!! .(Inn H~lr
57 Fn1fflCIS Hllhble Donce
4s ,josefh O'8,.,"en
~ Mar:J. .finn S}ovt!r$
61) Oar"d Meaden
!4-2
rem'p/cV"
~/tn TOIle
EIrz.abeIhSe:Jor.
17 <.ooeoa:oftU,9uJU(;
5.''''''
.II/ice Bill
RobeJ"t Bl'cumJ'i!lf! Frafer
Zs Cha,.I... Ca"'tobal/ Frcu.,.
U Hen'Y r,.ilh F/,.~c
if
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39
3 H,ea/e .5winb~r''''
\.u
~ eha,./e:J Swmbt.U"nd
~f
It, John "r:"":;OYJ lIi/cbef/001joun''Jt.
/I John D D.!J'!/
4,
II. }tfar<p,y/ S,."J.hOlw
.,
13 Q,.,J{fotJ/e" Su-:Jr. R.N. Gunn
f8
I .John JlanUJarin.!l.
'"
" J(OI".!! J}nn p,.oudjoo!
10
16 John IMer l,ard"
I'
., JamelJ Ba.se!
1.187
KANDY GARRISO~EMETERY
OF
ptAN
69
He purchased 120 acres of land behind
Ampitiya in Matanpattana - and Lewis quotes,
William Boyds Autobiography of a Periyadorai
regarding Lt. Col. James Meaden of the Ceylon
Rifles and 57th Regiment. who was David
Meaden's son :
"Had not Captain Meaden , whilst digging the
foundation of his house near. the lake of Kandy, also
discovered hidden wealth of fabulous amount. and
from being a very poor man had he not suddenly
become a very rich man ,.12
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13 . Ibid .
14
Courtesy : R. K. de Silva
CHAPTER X
EASTERN REDOUBT
swe ll
remains
- anonymous
aged 26 years
'He distinguished himself In the Battles of Busato and
Albuera . He ser ved In Germany . where he was
appolilted a Companion of the Gu elpil ic Order o f
Klfl ghlhood, and he obtained the Medal best owed by
1. P B. Dolapihilla , In (he days of So Wlckramarajasingha. Las( King of Kandy. COlombo 1960, p 127
-13
BODY OF CAPTAIN JA ME S
McGLASHAM
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73
their grateful country on all who fought at Waterloo . In
his illness he received the Holy Sacrament with
exemplary devotion, and under the lingering approach
of a painful death he was sustained by manly fortitude
and Christian hope .'
" Thls young Scotchman had , though young
distinguished himself in the Peninsular Wars and was
moreover a Waterloo Hero . It is sad to think that he
should have died so early in life, and that his body
should be laid at rest in a strange land , so far from his
home and his fr iends . The grave stone has, I
understand , been since removed to the Garrison Burial
Ground .
"The Eastern Redoubt was also known as 'One Tree
Hill' and was a sort of historical landmark. I have an old
picture in which this tree is shown, but I fear that this
tree has been lately cut down and its place knows it no
,
more."2
i
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dates of the letter and plan show that the letter was
similar .
With regard to the expressions used in the
Commanding Royal Engineers letter of the 4th July
1836 viz . 'at least to the extent of preventing buildings
of brick or stone' being erected within them, I beg leave
to observe that such is the mode of expressing the
opinion or decision upon points relative to questions of
Ground belonging to Government which it may be
considered necessary to reserve for Military or other
purposes, or for non occupation, but which if not
immediately required for such purposes, the
Government might under special circumstances permit
temporarily the use of (until required) under certain
stipulated restrictions, and in the present 'case those
stipulations are expressly defined, but upon no account
can it be considered or construed into an acquiscence
of a concession in perpetuity to any person, such never
being intended but only to secure the Government if it
should think fit to allow anyone the temporary use of it
until required.
"Having thus reported upon that part, the next point
is relative to the portion of that ground so reserved,
which it would seem advisable should be wholly and
entirely retained by Government and upon wh!ch not
even a temporary indulgence can be granted to any
one, it is invariably the practice to set a part a certain
portion of the surrounding ground of all works for the
purposes of repairs, etc .. alterations &c . upon which
nothing except what is connected with such work car")
be permitted. In the present instance I am of opinion
that the whole of the top of the hill upon which the
Eastern Redoubt is found should be in reserve . that is
to say so far as the ground extends until it becomes too
steep to be applicable for the purposes for which it is
reserved. either for repairing or extending the works.
On the West side in front of the Fort 50 feet from
the ... as far as the ditch extends. and the same
distance from the foot of the parapet of that part
beyond: where the ditch is discontinued.
2. J. B. Siebel, "A Dipinto the Story of Ka~dy", Journal of the Dutch Burgher Union of Ceylon , Vol. XLIV, No.3, July 1954. p.99.
3 . J. Penry Lewis, Tombstones and Monuments in Ceylon, Colombo, 1913, p.296 .
74
Earthworks of Fort McDowall which Malor Davy attempted to defend against Sri Wickrama's chieftains .
"On the East side 40 feet from the same a
corresponding point or until Ir becomes very steep .
"On the South West face of the Knoll, or extension of
the work 120 fee t from its foot in order to obta in
material for repairs &c .
"On the North side or looking towards Artillary Depot
on that side of the hill near the Fort , to the Depot that
wou ld be placed within two line s drawn from the 50
feet wes t, 40 feet east to each end of the Artillery
Depot and lines in this to enable the Artillary face
access in case of need ... on the North side for 50 feet
all round the prolongation of the outwork as well as the
Fort itself.
"Having reported as above I see no oblection (should
the Government desire it) to the temporary use of the
remaining parts of the ground though from a perusal of
the corresponde nce and considering the liberal
concession made to cover and lo ss I could not . . with
duty re commend it ,,4
4 . S.L.NA 6/1475 Cap lain G. F. Thompson, Commanding Royal Engineers, Kandyan Provinces , Kandy. 28 July 1837
Malor DaVie was In charge of Ihe decimaled Bnllsh forces which occupied Kandy In 1803 He made a Ireaty w ith Pilima Talauve, the first Ad igar . to
withdraw from Kandy on the condition that Mutuswam i - a relat ive 01 king Sn Wickrama RaJaslnghe - whom the British had crowned king of Kandy,
would be surrendered. Not only was Mutuswaml killed but all Davle's troops In cluding those lYing sick In the hospital at Kandy w ere massacred Major
DaVie and another managed to escape .
5 . P. B. Dolplhilla, In the Days of Sri W,ckremajaslnghe, the last king of Kandy, Colombo, 1960 ; see note on map of SenkadagaJa.
75
Malabar Street) which it appears from the
correspondence and Survey transmitted to me, with
your letter of the 2nd instant , it is proposed. . to the
works that have been constructed on the summit of
that hill, subsequen tly to the ground in question, having
fallen into my possession .
.
"The space marked off for such appropriation in your
Survey (which together with the other enclosures of
your letter is herewith returned) consists it will be seen
of about five acres or rather more than one half of the
area represented
"With regard to my limits In the opposite
direction
have only to state that, as they have
undergone no alteration since they were finally settled
by the Colonial Secretary's letter of the 17th November
1836, I am of course satisfied with them and intend
6
therefore to adhere to them ...
"Sir,
With reference to the accompanying plan of
Malabar Street and of the ground adjacent. I beg to
state that the allotment of ground granted to Lieut. R.
Mylens have been purchased by Col. Fraser who has
built thereon a masonry cottage and has thereby
entitled himself under your letter of 24th November
1834 to a grant in perpetuity
'Of
MAP OF
MALABAR
STREET
Showing
I - Sinhaputra
Finance Company
4-RajaslnQhe Ubrary
A
5 - Malabar Hause
6-Kandy Club
7- Kandy Nursing Home
8 -Malobar Street.
9-Lake Road
10 - Survey BlP;IOlow
8
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Military Hospltal
. Map
78
be bu ilt near to the street. if any stables or outhouses
are erected. the front of wh ich in facing the street and
immediately opposite Lieu!. Reddy ' s dwelling house ,,7
Sir.
Having had an opportunity of communicating with
Colonel Fraser on the subject of his intended grant. I
have now the honour to return the maps which were
forwarded to me with your letter of the 14th July last .
"In reply thereto I am requested by that officer to
submit for the consideration of the Right Hon'ble the
Governor the serious prejudice which would be
produced to his property . (on which he has la id out a
considerable sum of money) if the government store
there situated oppos ite to and elevated above his
dwelling house. were it. any time converted to any
other use than a store .
"He therefore trusts that at the same time that a
clause be inserted in the grant prohibiting of his
constructing any buildings of brick or stQne within the
space defined by the dotted line. (which was promised
him at the time he commenced building his house . His
Excellency will be pleased to consent to the site . of that
store as marked in pencil in the map being included in
the survey of his grant and a clau se being added in that
instrument to the effect that the public building in
question should not be otherwise occupied while in the
possession of government than as a store and that in
the event of government no longer requiring it for that
purpose. he should be allowed to purchase the building
alone at an appraisement. the ground reverting to him
gratuitously either by such purchases of the store or by
government (requiring) the materials of the building.
"From no part of th is proposition do I see any rea son
to withho ld my recommendation . excepting only as far
as it fetters government to the use to wh ich a public
building shall be appli ed - that particular stipulation of
it would be drawn into a precedent - would certainly
be free from objection .
"It appears to be. however. that the clause proposed
may be so worded as to be explanatory of his
concession being made as a compensation for ground
already partly granted and partly promised and which
had been si nce requ ired for military purposes .
l
10
79
ant
the
IS
ot
the
by
irst
he
Sri
:he
the
ver
lake .
14
BY W. R . NORD
Oct. 1868
ing
) of
,as
ing
1st
as
ed
Its
ch
Na
1st
Irs
ere
Ind
iat
rod
lad
the
38- Mohomoyc
Ish
PrirT'rO ry
school
96 -Kandy Club
102 -Divisional
SlM' v ey
103 -H ighways
Of f ice
IO !5-Kcnd y Ar t Association
M ap o f Kandy showing buildings along Malabar Stree t and Lake Road - W R. Nord 1868 .
1 1 S.L.N A 18(3 4 11 No . 37 of April 2 3 1880
-14
--
----------------------
-........--
CHAPTER XI
RAMA VIHARA
The early history of Rama Vihara, based on the
Asgiri Upatha, was related in the very first
chapter of this book.
References have been made to Rama Vihara
during British times by various writers. One was
D'Oyly .
The entries in D'Oyly's diary are with regard to
the statements made by his informants
concerning Major Davie who was captured in
1803 by King Sri Wickrema Rajasinghe during
the massacre of the British troops at Lewella .
One entry made on February 1, 1812 records
that Pannala Unnanse stated that :
"The English gentlemen had been brought sick tL
Kandy, kept there for 3 days, and then sent away, it is
not known for certain whither, but it is believed he is
now residing at Udawatte Pansala.
1. O'Oyly 's "Oiary", Journal of rhe RAS. (Cevlon), Exrra No. 1913, (1917). p. 87.
2
O'Oyly 's -Olary- , Journal of the R.A S (Ceylon). Extra No 1913. (1917) p . 102 .
82
Udawattekeyle, a jungle near Kandy Thi s happened in
July last. A strict order was given that his death must
not be mentioned, and that any person who said he
was not living should have hi s tongue cut out.
,,3
Province of Ceylon;
"The privilege of being cremated at the Adhahana
Maluwa was accorded only to the king , his mother and
his elder sister; ot her members of the royal fami ly were
cremated at Ba ndagetenna, immediately behind the
Rama Vihara at Udawattekale .,,5
3 . Op cit. p. 167 .
4 . Simon Casie Chitty , The Cevlon GBzelleer, Colombo , 1834, p. 57.
5 . A. C. LaWrie, Gazetteer of the Cen tral Province of Cevlon, Vol. I . Colombo. 1896, p2 .
6 . S.LNA 18/3423
7 . S.LNA 18/3 423
Sea Map of Udavattekale of 1893 . Thi s site is where the present Forest Department Nursary is situated
8 . S. L. NA 18/5 Kandy. January 16. 1841 .
84
Bodh i Pooja -offering of hommage to the Buddha in the form of a ritual. Flowers, incense, lighted 011 lamps etc . are offered In front of the bo-tree and
water poured round the base of the tree . Stanzas describing the virtues of the Buddha are recited .
Pahan POOl - offering of lighted oil lamps in hom mage to the Buddha .
Viharage - Image House.
9
H. A. J . Hulugalle, Briush Governors of Ceylon, COlombo 1963, pp60-1 .
10 Now Diyagama , Three villages of this name might be the one In question (1) Diyagama in the Kalutara District, Vadubadda : (2) Diyagama in tt-e Magul
Otota Korale Kurunegala : (3) Diyagama in the Deyaladahamuna Pattuva , Kegalla (census 1921. II . pA8, 282,514 .)
11 . Culavamsa Part II, translated by Wilhelm Ge iger and from the Germ,an into 'Engl'ish by Mrs . C Mable Rickers (nee DuH) Colombo, 1953. pp.290-1 .
12 . Major J . Forbes. Elven Years
In
in
e
e
h
9
Iy
d
\I
e
Ir
d
9
86
walls, panels upon panels depicting jataka which had as its President, E. L. Senanayake,
stories . Sadly the paintings on the exterior have Mayor of Kandy, took over the construction of
the lands belonging to the temple have been preaching commenced every Sunday. The
disposed of . A 'young bhikkhu now overlooks the committee became very active and collected
temple, while the Nayaka bhikku resides at the tunds for constructing the vihara which was
Malvatte monastery.
A small Buduge* incorporating the old image
Street.
BuduQe - Ch ~ rnb.e r where th.e imaoe of the Buddha IS housed. The temple comp!ex is usually comorised of three elements - The Chai tya or Stupa. the
. Bo
13
Ceylon Sessional Papers - 19 27 - Temple La nd Commissio ne r"s Inquiry. No. 1. 105. October 9 . 1B6 1.
I
~
87
ed
da
he
Ie,
H,
Ird
;8,
er,
311
Df
3.
rs
in
B,
e,
Df
ra
d
S
1968.
The founder and life Patron of this society was
the Kammattana chariya Ven'ble K. Vangeesa
Maha Thero Adi Karana Sanganayaka.
At the inception temporary buildings were put
up. consisting of a Bana Salawa, a a shrine room
and two Kutties b . The Chief incumbent and
Viharadipathi was Ven'ble Dodampahala
Chandrasiri Nayaka Thero and is still in charge at
prsent. Representations were made by Sir
Benett Soysa and A. S. Karunaratna of Kandy to
government stating that over a thousand
persons attend bana sermons and meditation
classes and requesting permission to erect
a.
b.
c.
d.
*e.
'4
-15
1934.14
The Schedule of the land and the notice
putting into effect the Proclamation Order is
reproduced in Appendix no. 12.
89
Requests for more Hermitages :
15. Udavattekale Forest File No. 111/22 Part (4) Forest D~partment. December 7.1954 .
16. Udavattekale Reserved Forest File No. 111/22 Part (4) Forest Department G 1425. 26 November 1955 .
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CHAPTER XII
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1. J . B. Siebel, 'A Dip Into the Story of Kandy', Journal of rhe Durch Burgher Union of Cevlon, Vol. XLV, January 1955, p 17
2 Journal of rhe Durch Burgher Union of Cevlon, Vol Llil JanuaryJune (Nos . 1 & 2) 19 63, p. 12 . (This nOIe was found among the papers which belonged
to th e late Dr. Nell . F""nr )
93
occasionally presenting magnificent views of the
surrounding country, particularly' Doombera, and
extending over the space of about four miles. It is to
possess two entrances in addition to that near the
Pavilion - one on Trincomalee Street and the other
3
from the upper end of Malabar Street:
And he continues
"As we ascend the zig-zag path, the most
striking views of the lake and city are seen through
fairy-like frames of feathery bamboos ..
"No view on this road, however pretty, can be called
magnificent till we reach the north-eastern point of the
hills, where the splendid Dumbara valley bursts into
view. Some idea of the extent of this fertile and
beautiful country can be gathered from plate XIX which,
however was taken from a much lower point on the
Kondasalle Road".
"Many other beautiful paths have been made in
vanous directions about this hill, and are mostly named
after the wives of successive Governors. Lady Mac
Carthy's and Lady Anderson's are well worth
traversing . They. are all open to the equestrian,
although the pedestrian has the advantage in being
more free to examine the botanical wonders which
attract attention at every step . The usual route of
descent brings us b~ way of Lady MacCarthy's road
into Malabar Street:
6 . Henry W Cave, Picturesque Ceylon and its Ruined Cities, London. (1903) pp. 56-8.
7. Sir James Emerson Tennent. Ceylon. An Account of the island. physical historical and topographical with notices of its natural history. antiquities and
p;oductions. vol, II. London. 1859. p 203.
.
,
\
---
94
referring to the Pavilion, the Governor's
Residence in Kandy - the back garden of which
is contiguous with the forest of Udavattekale, he
states:
"The high ground immediately behind is included In.
the demense and so successfully have the elegancies
of landscape gardening being combined with the
wildness of nature, that during my last residence in
Kandy a leopard from lhe forest above came down
nightly to drink at the fountain in the parterre .
My own official residence,S from its vicinity to the
making their way up it. and looking for all the world like
equestrians.,,1o
8. Tennen1 is referring to the Colonial Secretary's Lodge which is now the Headquarters of the Army Central Command. Task Force"
9 . Sir Emerson Tennent . Ceylon. An Account of the Island. Physical. his torical and topographical with notices of its narural history. antiquittes and
productions. Vol. 11. London . 1859. p . 203.
10
S,'i William Gregory. An Autobiography. edited by Lady Gregory. LO,ndon . 1894. pp 2801.
--
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96
And on that cheek, and 0' er that brow,
So soft, so calm, yet eloquent.
The smiles that win , the tints that glow,
But tell of days in goodness spent,
A mind at peace with all below,
A heart whose love is innocent !"
"The lady so immortalized was the wife of Robert
John Wilmot, Byron 's second cousin. When he married
he added his Wife's name to his own, and , as Sir Robert
Wilmot Horton, came out to Ceylon as Governor in
1831 . The Horton Plains near Nuwara Eliya, and
probably Horton Place in Colombo , are named after
him ; while Lady Horton's Walk in Kandy perpetuates
the name of the Lady in whose honour Byron's
exquisite poem was written . f2
12. L E: Blaze, -Ceylon and Some Great Names'. Journal of the DutCh Burgher Union, vol. XII, 1920. p. 1619.
13. S. M . Burrows, The Visitor's Guide to Kandy and Nuwara Eliya, with shon historical sketch, engravings and map, Colombo, 1884, pp . 346 .
to
ing
the
go
to
the
,, :;,
..
"
99
Lady ~ongden's Drive, later known as Green
Path and now Louis Pieris Mawatha, was
constructed during Sir James Longden's
governorship (1877-1883) .
"Thi s road was opened in 1880 by the late Colonel
H. Byrde (superintendent of Works. Municipal Council) .
It starts at the junction of Lady MacCarthy 's Road with
Malabar Street. and traverses the borders of the estate
belonging to L. H. S. Pieris. MMe. an<? te rminate s at
Victorja Drive . opposite the picturesque re sidence of J.
H. de Saram. CM .G The length of the road is only 970
yards. and it is throughout metalled and the sides
pl anted with shade trees ." 14
.'
14. P M . Bingham. Hisrory of the Public Works Departmenr. Ceylon. Vol II , Colombo. 1922, p 235 .
15 .. Ibid.
16 . Ibid
17. Leonard Woolf. Growing. An Aurobiography of the Years 7904 -11. London. pp. 150-1.
"
I' .
101
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18 .
19.
Henry W . Cave , The Book of Ceylon. being a gUide to its rat/way system and an Account of its varied attracrions for rhe visitor and rourist . . With a
descflption of Kandyan archirecrure by J. P Lewis. London. 1908, pp.304-5 .
CHAPTER XIII
UDAVATTEKALE
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inclined
king
Sri
Grass", 189 1-2 .
Wickramarajasinghe .
Lovers ' Walk encircles the pond at
Udavattekale and an early morning visit here for a
nature lover is enthralling .
This pond lies in a picturesque setting,
enclosed by a variety of tall trees on its banks .
The leaves of a clump of giant bamboo rustle in
the breeze in one corner. The early morning dew
glistens like a million jets as the rays of the sun
break through the trees , gently clearing the mist
from the placed water . The shrill call of a bird or a
croak of a frog may be heard in the uncanny
stillness. A monitor lizard swims lazily and
clumsily up to the bank startling three tortoises
on a log, basking in the morning sun . A dapper
little blue kingfisher flashes radiant wings as he
tries to catch a fish . Peace and tranquility prevail.
-17
E
(
v
F
bE
jo
G
d
Ir
- '~ -=
u
l
L
'"
---"'-;..=:
---..--'-",,--,-~~~ .
.
~----
'--
"'-..
-..."
-........'-=-
~~~~'.- .~~~>.
_--
-'
",
.. -.
';1
105
Office . The following entry aRpears against the
Engineer's
Department
under
fixed
contingencies :
,, 6
1.
2.
3.
4.
5.
6.
7.
S L N. A. 6/41
U. K. R. F. File No . llt/22 Part 4 . Forest Department, No LF 791.7 111/22 2386 .
U. K. R. F. File No . 111/22 Part 4 Forest Department No. 124/ 2 of 7 June 1948.
Ibid. No . L B. 426. September 7 . 1945 .
Ibid. Letter of 24 August 19 49 .
U K R. F. File No. 111 /22 C Dlvn. Apr.1 10: 19 33.
Ibid, Letter No . 245 .
106
The Government Agent. Kandy, referred the
subject to the Divisional Forest Officer, Central
Division, N'Eliya by his letter of 15 May 1933
and received a letter through the Conservator of
Forests that the proposal was recommended ,
8.
u. K. R. F. File No .
Ives
. of
CHAPTER XIV
luld
( In
ent
36.
,I is
,ear
low
fhe
d. I
rest
I be
ro
co
Co
::J
t:J
ro
C
ro
.c
(f)
>
.0
(j)
::J
CL
109
Sir James Emerson Tennent describes the
Pus-wei as
"One monstrous creeping plant, called by the
Kandyans the Maha-pus-wael, or 'Great hollow
climber' " has pods, some of which I have seen fully five
feet long and six inches broad, with beautiful brown
beans , so large that the natives hollow them out. and
carry them as tinder-boxes. ,,2
rO
ro
iu
c
:::J
CJ
co'"
'"
.I:
(f)
>
.0
(/)
:::J
a..
1 Entada Pusaetha . The same plant when found in 10wEn situations. where it wants the soil and moisture of the mountains,. is so altered in appearance
that the natives call it the -heen-pus-wael- , and even botanists have taken it for a distinct species . The 'beautiful mountain region ofPusilawa. now
familiar as one of the finest coffee districts in Ceylon, in all probability takes its name from the giant bean. Puswaelawa" .
2. Sir J. E. Tennent. Ceylon an account of the island. physical. historical and topographical with notices of its natural history. antiquities and productions.
London . 1859 . Vol. 11. p. 105.
.
3. AJ.G .H. Kostermans, "Notes on Ceylonese Plants I", Ceylon Journal of Science. 1979. p. 23 .
4 . AJ .G.H. Kostermans, op. Cil . p. 23
5 . Joannis Burmanni, "Thesaurus Zeylanicus", Amstelaedami. Janssonio-Waesbergios. & Salomonem schlouten. (1737). p. 139 .
CHAPTER XV
BIRDS SEEN AT
UDAVATTEKALE
You only I hear - yet the star holds me (but will soon
depart),
-18
Ulama in Sinhalese.
'-.,.
CHAPTER XVI
. "
INSECTS FOUND AT
UDAVATTEKALE
114
-'
On\3 colour picture of male lizard (Lyriocehpalus Scutatus)
it
.D
E
o
Q)
(5
U)
Q)
Q)
'?
o
>
Q)
>
'5
(fJ
E
,g
Nil flower
117
CONCLUSION
:l
118
--------
119
APPENDIX I
PROCLAMA TION
By His Excellency Sir Henry George Ward. Knight Grand Cross of the Most Distinguished Order of St. Michael and
St . George. Governor and Commander-in -chief in and over the Island of Ceylon . with the Dependencies thereof Henry
George Ward .
WHEREAS by the Ordinance No . 24 of 1848 entitled "To regulate the felling and removal of Timber grown on the
Crown Lands in the Island". tt is amongst other things enacted. that it shall be lawful for the Governor. with the advice of the
Executive Council. by Proclamation in the Government Gazette. to set apart arid define any tract of Crown Land. as
reserved forest land. within the limits of which no wood shall be cut or removed. either for firewood. or for fencing land. or
for making ploughs or other agricultural implements. or for any other purpose whatsoever. And whereas it appears to us
expedient that the tract of Crown Land hereinafter defined. should be set apart as Reserved Forest land. Now therefore we
the said Governor with the advice of the Executive Council. do hereby proclaim and make known that the tract of Crown
land called Udawatte Kelle in the district of Kandy. and hereinafter there particularly defined. is hereby set apart as Reserved
forest land. within the limits of which no wood shall be cut or removed. either for firewood. or for fencing land. or for
making ploughs or other agricultural implements. or for any other purposes whatsoever ;- that is to say. a tract of Crown
Land bounded on the north and north-east by the villages of Watapoloa and Aruppola ; on the east and south-east by the
village called Talawatte and by lands claimed by Gangaramaya Vihare and by private parties; on the south by General
Fraser's property. by private and crown lands. and the Garrison Burial Ground above Malabar Street; on the west by the
Commissariat Ouarters. the Kandy Cutcherry. the Government Agent's house. the Pavilion Gardens and by private lands
above Trincomalee Street; and on the north-west by land claimed by private parties.
Given at Colombo in the said Island of Ceylon. this Twenty-fifth day of October. in the year of our Lord One Thousand
Eight-Hundred and Fifty Six .
By His Excellency's Command
Signed C. J MacCarthy
.
Colonial Secretary
to
to
he
120
APPENDIX /I
NOTICE OF PROCLAMATION
"Whereas. I. Herbert Raymer Freeman have been appointed Forest Settlement Officer under section 6 of the
Ordinance 10 of 1885.
And whereas it has been proposed that the land known as Udawattekale situated in the village of Uda Mahayawe.
Watapuluwa. Diwulwewa and Aruppola in Yatinuwara Gangawatte Korale within the boundaries stated in the schedule
below shall be constituted a Crown Forest Reserve .
I do hereby give notice as provided by the 7th clause of the said Ordinance that on and after the 6th day of July.
1894. no right shall be acquired in and over the land whatever within the said limits except by inheritance or succession or
under a grant or contract in writing made or entered into by or on behalf of the Crown or some person in whom such right
or power to create the same was vested on or before the said 6th of July. 1894. and on such land no new house shall be
built or plantation formed no fresh clearing for cultivation or for any other purpose shall be made and no trees shall be cut
for the purpose of trade or manufacture except with the permission In writing from the Government Agent.
And I further give notice that the following consequences will ensue on the reservation of the land contained in the
said limitsRights in respect of which no claim has been preferred and of the existence of which no knowledge has been
acquired shall therefore be extinguished. Rights to pasture or Forest Produce which shall have been admitted shall not be
alienated by way of grant. sale. lease. mortgage or otherwise without notice thereof to the Government Agent except in the
case of rights continued for the beneficial enjoyment of any land or house no right of any inheritance or succession or under
a grant or contract in writing made by or on behalf of the Crown or some person in whom such right or the power to create
such right was vested when the Proclamation declaring the forest which it is intended to be reserved was published . Any
forest officer may under certain restrictions stop any public or private way or water course in a reserved forest.
H
A person who in a reserved forest (a) trespasses or pastures cattle or wilfully causes cattle to trespass (b) causes
any damage by negligence in felling any tree or cutting or dragging any timber (c) wilfully strips off the bark or leaves or
otherwise damages any tree (d) in contravention of any rules made by the Government Agent of the.Province in that behalf.
hunts. sports. fishes. poisons water or sets traps or snares or guns or uses any explosive substance shall be guilty of an
offence and shall be liable on conviction to a fine which may extend to Rs. 50/- or when the damage resulting from the
offence amounts to more than Rs. 25/- to double the amount of such damage. I
Any person who (a) makes any fresh clearing prohibited by section 8 ; or (b) sets fire to a reserved forest or in
contravention of any rule made by the Government Agent kindles any fire or leaves fire burning in such manner as to
endanger the reserved forest or any part thereof or who in a reserved forest (c) kindles. keeps or carries any fire except at
such seasons and in such manner as the Forest Officer specially empowered in the behalf may from time to time notify (d)
fells. girdles. lops. taps. or burns any tree (e) quarries stone. burns lime or charcoal or collects subject to any manufacturing
process or removes any forest produce (I) clears or breaks up any land for cultivation or any other purpose shall be guilty of
an offence and shall be liable to be punished with imprisonment for a term which may extend to six months or with a fine
which will extend to Rs . 500 or with both in addition to such compensation for damage done to the forest as the Convicting
Court may decree to be paid. Such compensation when awarded shall be treated in all respects as a fine. shall be
recoverable as such. and shall not exceed the amount of fine which such court has power to impose . Whenever fire is
caused wilfully or by gross negligence in a reserved forest by any persons having right in such forest or having permission to
practise chena cultivation therein or by any person in his employment or whenever any person having right in such forest
contravenes the provisions of section 24. the government may (not withstanding that a penalty has been inflicted under
section 27 in respect of such fine) direct that in such forest or any specified portion thereof the exercise of all or any of the
rights of pasture or to forest produce shall be extinguished or suspended for any such penod as he thinks fit. and may
withdraw any permission to practise any .chena cultivation in such forest or portion.
And I do hereby require every person claiming any right or making any right claim to any land or portion of any land
within the said limits either. to present to my address at the Kandy kacceri before the 30th day of October. 1894 a written
statement specifying or to appear before me at noon on the 30th day of October. 1894. at the Kandy kacceri and state the
nature of such right or claim .
121
Schedule
Northern Boundary
the
The Forest boundary on the north side commences where Reserve path branches off from Lady Horton's Walk.
This path forms the boundary until it strikes Title Plan 79186. Then on the boundary follows the southern boundary of Title
Plan 791 86, the western and southern boundary of the plan 82798, the southern and eastern boundary of Title Plan
98020 until it strikes Torrington Road; from this point the Forest boundary runs into this road until it strikes the
Bandaragetenne Ella, then it follows the ela until the southern boundary of Lot 11122 (claimed by M. A Philip) is reached.
It then follows the southern boundary of Lot 11122 until Green Gallop is reached, then the boundary follows Green Gallop
in a northerly direction until it strikes the southern boundary of Lot 11120, it then follows this boundary in a westerly
direction until Bandaragetenna Ella is reached, it then follows this Ela in a northerly direction until southern boundary of Title
Plan 50072 is touched, and then marches along the southern boundaries of Title Plan 500 a/2 and 500163 until Lady
Anderson Road is reached.
Eastern Boundary
be
cut
the
Lady Anderson's Road forms the boundary until the point where the northern boundary of Title Plan 50073 is
touched, it then follows the northern and western boundaries of Title Plan 50073, the western and southern boundaries of
Title Plan 50614 when it again strikes Lady Anderson's Road; it follows this road for a short distance and marched along
the northern boundary of Title Plan 50074, it then follows the western boundaries of Title Plans 50074,50165,50128,
50129,50130 and of Galketiyawatta claimed by Harmanis Zoysa until it strikes Lady Anderson's Road.
Southern Boundary
From this point the Forest boundary marches along the northern boundaries of lands claimed by Wewattegedera
Kalu, Panwila Kumbura claimed by Munasinghe Gravets Mohandram and the threshing floor thereof, a strip of chena land
claimed by Pinhami Watturala ; it then follows along the eastern and northern boundary of Title Plan 8031 2 when it strikes
Lady MacCarthy's Road, it then marches along this road until it touches the northern bounda ry of land claimed by Messrs.
Soysa & Co., it follows this boundary until it strikes the path to the Eastern Redoubt Western boundary.
From this point the Forest boundary follows the path to the Eastern Redoubt for a short distance when it strikes Lady
Horton's Walk; it then follows Lady Horton's Walk until Russel Path is reached.
an
the
The land within the above stated boundaries known as Udawattekale exclusive of the roads and paths and a chain's
extent on either side of roads and half a chain on either side of paths. The roads and paths are shown in the "Plan of
Udawattekale, Kandy" dated Surveyor-General's Office, Colombo, 14th April, 1893.
(Initialed) B. B.
1.
in
to
at
(d)
122
I'
APPENDIX III
PROCLAMA TION
By His Excellency the Right Honourable Sir J. West Ridgeway, Knight Commander of the Most Honourable Order of
the Bath, Knight Commander of the Most Exalted Order of the Star of India, Governor and Commander-in-Chief in and over
the Island of Ceylon, with the Dependencies thereof.
WEST RIDGEWAY
WHEREAS by the 19th section of the Forest Ordinance, 1885, as amended by the 6th section of Ordinance No.
of 1892, it is enacted that whenever the following events have occurred , viz
(a) The period fixed under section 7 of the said "Forest Ordinance, 1885" for preferring claims has elapsed,
and all claims (if any) made within such period have been disposed of by the Forest Settlement Officer; and
(b) If such claims have been made, the period fixed for appealing from the orders passed on such cla ims have
elapsed, and all appeals (if any) presented within such period have been disposed of by the Supreme Court ;
and
(c) All lands (if any) to be included in the proposed forest which may be acquired under section 13 of the
it
IS
The Governor shall, by Proclamation to be published in the Government Gazette, specify the limits of the forest which
intended to reserve, and declare the same to be reserved from a date fixed by such Proclamation .
And whereas all things necessary for declaring the forest hereunder mentioned to be a reserved forest have been
fulfilled , and all times herein-before recited have elapsed, and it is expedient to specify the limits of such forest.
We know all Men that We, the said Governor, do by this Our Proclamation proclaim the forest. the limits of which are
set forth in the schedule hereto subjoined, to be a reserved forest as from and after the 1st day of January, 1898, the
following rights being, nevertheless allowed.
A right of way to the public over the following roads and paths, viz.
(1 ) Lady Horton's Road (carriage road)
(2) Lady MacCarthy's Road (carriage road)
(3) Lady Gordon's Road (carriage road)
123
r
And also a right to the Municipal Council, Kandy, to collect the following forest produce, viz., surface soil, stone,
clay , gravel, earth, sticks suitable for mammoty handles, from the reservations of one chain on either side of roads Nos . 1,
2, 3 and from the reservations of half a chain on either side of roads and paths Nos . 4, 5, 6, 7, 8, 9 , 10, 1 1 and 1 2 in the
following list :
(1) Lady Horton's Road
(2) Lady MacCarthy's Road
of
fer
,1
Id,
nd
Ive
rt ;
E. NOEL WALKER
Colonial Secretary
GOD SAVE THE QUEEN
(2)
SCHEDULE
Land situated in the village of Uda Mahalyawa, Watapuluwa, Diwulwewa, Aruppola , Buwelikada, Talwatta in
Gangawatta Korale of Yatinuwara, in the District of Kandy, known as Udawattekele, described as lots 11120, 11123A.
11123 (exclusive of the portion of this lot north of Torrington Road and the portion east of Lady Anderson 's Road) ,
11124, 11129, 11130 in preliminary plan , 4189 title Plan 50079 lot 10152 in preliminary plan 3638, and land not
described in any preliminary plan : bounded on the north by the southern boundary of title plan 79186 on the east and
south by lot 11123 in preliminary plan 4189 and on the west by Russell Path - the whole of the proposed reserved forest
being bounded as follows :
North - By the southern boundary of title plan 79186 the western and southern boundaries of title plan 82798, the
southern and eastern boundaries fo title of title plan 98020, and easte.rn boundary of title plan 82798 to the junction of the
latter boundary with Torrington Road, the eastern boundary of title plan 82797 until it strikes the southern boundaries of
title plan 135125 until Torrington Road is again reached : then the boundary runs along this road until it strikes the western
124
boundary of title plan 50078 ; it then follows the western boundary of title plan 50078 and of lots 11121, 11122, then
along the southern boundary of lot 11122 then along the eastern boundaries of lots 11122, 11121 title plans 50078,
61241 and lot 11127 then along the northern boundary of lot 11127 until 8andarage Tenna-ela is reached ; it then
follows this ela in a northerly direction until the southern boundary of title plans 50072 is touched: it then marches along
the southern boundary of title plans 50072, 50163 until Lady Anderson's Road is reached .
East- from the last-mentioned point the boundary runs along Lady Anderson's Road until it reaches the northern
boundary of title plan 50073 ; it then follows the northern and western boundaries of title. plan 50073, the western and
southern boundaries of title plan 50164, when it again strikes Lady Anderson Road; it then follows this road for a short
distance and marches along the northern boundary of title plan 50074 ; it then follows the western boundaries of title plan
50074, 50165, 50075, 50128, 50129 the western and southern boundaries of title plan 50130 and the western
boundary of Galketiyawatta claimed by Harmanis Soysa, until it strikes the Lewella road.
South - from the last-mentioned point the boundary then follows the road for a short distance to the northern
boundary of land claimed by Wewawattagedara Kalu ; it then runs along this boundary and the eastern boundary of
Panwilakumbura claimed by Munasinha, Gravets Muhandiram, till it reaches the eastern boun.dary of lot 10152A in
preliminary plan 3638 ; after following the eastern, northern and western boundaries of the said lot 10 152A. it runs along
the north-eastern boundary of land claimed by Pinhami Watturala, the eastern boundaries of title plan 80312, and of lot
11128 the western boundaries of title plan 8031 2, 80311 till it strikes Lady MacCarthy's Road; then along the northern
boundary of land claimed by Messrs. Soysa & Co. until it strikes the path to the eastern redoubt.
West - from the last-mentioned point the boundary follows the path to the eastern redoubt. Lady Horton's Walk,
and Russell Path, as far as the south-western corner of title plan 79186 .
(Extract from the "Ceylon Government Gazette" No. 5,504 of October 15, 1897)
125
en
8,
en
APPENDIX IV
Part I (General) - CEYLON GOVERNMEI'H GAZETTE - July 29, 1938
PROCLAMATION BY THE GOVERNOR.
L.D. - B 83/37/M/AL - AF 6/34
rn
rn
of
in
9
rn
A.
A.
Proclamation .
CALDECOTT.
KNOW Ye that by virtue of the powers in me vested by section 2 (2) of the Fauna and Flora Protection Ordinance,
No.2 of 1937. I. Andrew Caldecott, Governor of Ceylon , do by this Proclamation declare that the several areas of land
specified in the schedule hereto shall be Sanctuaries for the purposes of that Ordinance.
And I do hereby further declare that this Proclamation shall come into force on the 1st day of August. 1938.
k,
By His Excellency"s command,
E. R. SUDBURY,
Secretary to the Governor.
~.~--
;.
126
APPEND/XV
The Lieutenant General the Honourable Sir Edward Paget Knight Guard ... of the Most Honorable'Military Order of
the Bath, Governor and Commander in Chief in and over the British Settlements and Territories in the Island of Ceylon with
the Dependencies thereofEdward Paget
Whereas His Majesty has been pleased by his instructions transmitted to us, to direct that Grants of Waste Lands
belonging to His Majesty in his Dominions in the Island of Ceylon and its Dependencies should be issued to His Majesty's
European subjects, and to such Europeans or their Descendents as were settled in Ceylon before the Conquest thereof, by
His Majesty, and who by their good conduct since, may have entitled themselves to that indulgenGe
And whereas the Reverend Samuel Lambrick, the Reverend Thomas Browning, the Reverend Robert Mayor and the
Reverend Benjamin Ward Clerk have made application to us for a Grant of a certain piece of land, the property of His
Majesty in His Government of Ceylon lying and being near the Rama Wihare in the District of the Town, Kandy, within the
said settlements and bounded on the North by Rama Wihare on the East and West by Gardens and on the South West by
the Road to Trincomalee containing in extent Four Acres, One square Rood, Thirty-One Square perches, Five Square Yards
and four square feet as appears by a survey and description thereof, herewith annexed to be granted to them as Trustee of
a Voluntary Society in or near London called or known by the names of the Church Missionary Society for Africa and the
East, and to be applied to the use and purposes of the Society. And Whereas we have deemed it fitting to comply with the
said application and have consented to make a grant of the premises, upon the conditions hereafter specified, known ye
that we the said Governor acting here on His Majesty's behalf by virtue of the Powers and Authorities in us for that purpose
vested, have in consideration of the conditions hereinafter contained to be done and performed by the said Reverend
Samuel Lambrick, the Reverend Thomas Browning, the Reverend Hobert Mayor, and the Reverend James Ward of their
assigns granted and assigned and by these presents do grant and assigns to the said Samuel Lambrick, Thomas Browning,
Robert Mayor and Benjamin Ward as Trustees for thE; Voluntary Society therein aoove reterred to and for the uses and
purposes of such Society, all the said piece of Land together with the all rights and appertenances there unto belonging .
To have and to hold the same to them the said Samuel Lambrick, Thomas Browning, Robert Mayor and Benjamin
Ward Trustees as aforesaid and their successors in the said Trusts and their respective assigns forever, upon and subject
to the conditions following to wit: That they the said Samuel Lambrick, Thomas Browning, Robe~t Mayor, and Benjamin
Ward shall from and after the First day of January which will in the Year of our Lord One Thousand Eight Hundred and
Twenty-Two till which date ,he or they shall have the said land free of Tax or Duty, be subjected to payor cause to be duly
paid to His Majesty in the Government of Ceylon all such Dues and Taxes as other trusts of the same description in the said
District of the Town of Kandy shall be by law liable to. And the buildings to be constructed on the said land shall be
substantial that is built with Brick or Stone and covered with Tiles or Terraces and shall be erected upon a plan or plans to
be approved of by us or our successor and none of such buildings shall be so placed as to overlook that commonly called the
Governor's Pavilion. That if at any time thereafter it shall happen and be made apparent, that the said Land has been for
Five Years or upwards neglected, or uncultivated, then and in such case the Grant shall be utterly void and of non effect.
In witness thereof we have caused His Majesty's seal for the Island of Ceylon be affixed to these Presents, Given at
Colombo on the said Island of Ceylon the Thirteenth day of July in the Year of Our Lord One Thousand Eight Hundred and
Twenty-Two.
By His Excellency's Command
(signed) Geo. Lusignan
Sec. Kan . Provo
Memorandum
J27
It is assented to by the Grantees that the extent and limits of the land granted are those appearing in the survey itself
although the limits are erroniously described in the writing below and thence copies onto the grant . 1.
(signed)
Geo. Lusignan
S.KP.*
If of
!'lith
Inds
Ity's
f, by
the
His
the
by
1. SL.NA 7/14 3
2. S.L NA 7/ 404
-20
128
APPENDIX VI
"Sir,
I have the honour herewith to forward a copy of a letter from the Rev. Mr. Von Dadelszen Colonial Chaplain of Kandy
dated 3rd inst. relative to enlarging the present Burial Ground by entering on the Military Reserve.
"I should have forwarded it earlier but that on my going over the ground with him, he could not
point out what was wanted and it was not until the 15th that I found the boundaries staked out. I had
requested, and my Assistant Superintendent being unwell, I am unable to lay it out accurately by
measurements. However the accompanying plan on which it is sketched and marked with the dotted line,
will be sufficient for the present purpose.
"2. With respect to what Mr. Von Dadelszen says about the Burial ground being chiefly a Military
Burial Ground and its convenience to the troops, on account of its present pOSition to the Hospital, I have
only to state that there is a piece of ground marked S, on the plan which would be still more convenient to
the Military, and extensive enough for the casualities likely to occur among the soldiers for years to come
and I yesterday consulted with the Senior Medical Officer, Dr. Cameron 37th Regiment, who on looking
at the ground saw no sanitary objection, or any other annoyance to the patients in the Hospital, more
than from the present Burial Ground which is also within hearing of the firing over the soldiers' graves.
"3 . It is not for me to enter into the question as to where ground is to be had for the interment 'of
Civilians, more than to say that I understand there is already a space set apart near the Trincomalee
Road for that purpose and which is certainly not so convenient for the officiating Clergyman and followers
of funerals as the present Burial Ground but I do not consider that a sufficient reason for encroaching on
the "Military Reserve" which had been, on due consideration by former Governors set apart for such
purposes and the boundaries marked out 498421 by authorised and competent persons viz . The Govt .
Agent Mr. Buller, the Govt. Surveyor, Mr. Robertson and the Commanding Royal Engineer, K. P., Lieut.
Col. Phillpotts. Because, if once an encroachment is allowed it becomes a precedent for sanctioning
another and thus, by degrees the whole of the "Military Reserve" might be alienated for other purposes.
"A glance at the sketch will show the moderation of the present request. the space wanted
comprehending more than half the cleared area one portion ~f which in rear of the Staff Officers Quarters
was cleared by him and the other portion of which was I understand specially set apart by a late Governor
Sir Colin Campbell, and building ground for Officers Quarters for the Ceylon Rifle Re.giment whose mess
room is in its immediate vicinity and ' for which purpose it would be useless were the Burial Ground
allowed there, and which actually includes the former well .
"Nor is it an unwarrantable supposition that at some future period when this graveyard becomes
full or crowded, the Clergyman or Government Agent of the day might wish a still further enlargement
and the make a forcible annexation of the adjacent Barrack ground as it has been actually exemplified by
the present case, the Government Agent having sent in his prisoners to mark our boundaries and cut
Jungle on the Military Reserve" without any reference whatever to me as Commanding Royal Engineer
who is Ex-Officio in Charge of it. I wish however to do him the justice to say that on my writing him a
private note on the subject he desisted but I think it most desirable that such a procedure should not
again occur.
"5. The foregoing reasons alone are sufficient for my respectfully submitting that the application of
the Revd . Mr. Von Dadelszen and which far surpassed what I oriQinally understood his wishes to be,
should not be complied with and that no infringement whatever be permitted on the "Military Reserve".
"6 . I wish also to draw attention to the fact that the ground within the line ABCD is sketched as
jungle is exceeding steep and rough and utterly useless as a Burial Ground, not only on account of the
difficulty of digging graves, but that in the rainy season the earth would be washed out of them and cause
great annoyance and inconvenience to the Staff Officers, as stated by him in the accompanying letter of
this day's date . 1
1. S.L.NA 18/3411 . 18 December 1851 .
129
APPENDIX VII
Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith .
(Seal)
(signed) G. W . Anderson .
1. S.L. NA 18/655
130
APPENDIX VIII
By His Excellency the Right Honourable James Alexander Stewart Mackenzie Governor and Commander in Chief in
and over the British Settlements and Territories in the Island of Ceylon with the Dependencies thereof.
Signed J A. Stewart Mackenzie .
To all whom these presents shall come - Greeting
Whereas his late Majesty was pleased by his instructions transmitted to us. to direct that grants of land belonging to
his Majesty in his Dominions in the Island of Ceylon and its dependencies might be issued to his Majesty's subjects-and
whereas Lieutenant Colonel John Fraser hath made application to us for a grant of the lands herein after described which
had been held by him since the year one thousand eight hundred and thirty four .
Now know ye that we the said right honourable James Alexander Stewart Mackenzie Governor acting herein on
behalf of our Sovereign Lady Victoria of the United Kingdom of Great Britain and Ireland Queen defender of the faith. by
virtue of the powers and authorities in us for the purpose vested have granted and assigned and by these presents do grant
and assign unto the said Lieutenant Colonel John Fraser his Heirs Executors Administrators and Assigns the following
premises to wit :
A piece of government ground situated in Malabar Street in the Town of Kandy bounded on the North and East anct
South by government grounds. on the West partly by Government Ground. and partly by the premises of Lieutenant D~
Meaden being in extent four acres two roods and fourteen square perches and forty eight hundredth parts of a square
perch as will more fully appear by the annexed survey and description here of authenticated by Mr . George W . Van Hauten
District Surveyor. To have and to hold the said premises with their and every of their .appurtenances ~nto the said
Lieutenant Colonel John Fraser his heirs. executors. administrators and assigns Subject to the several provisions.
conditions and reservations herein after declared and contained concerning the same; that is to say. provided always and
upon condition that the ground stained green in the said annexed figure of survey shall also be reserved for military
purposes but may nevertheless be occupied by the said Lieutenant Colonel John Fraser or his heirs. executors.
administrators and assigns temporarily with the permission of government and provided always and upon further condition
that the said Lieutenant Colonel John Fraser or his Heirs. Executors. Administrators and Assigns shall not construct any
building of brick or stone upon the portion of ground stained yellow in the said annexed figures of survey herein before
recited whereon stands a building used now as a store or granary and which it is stipulated on the part of government shall
not be used for any other purposes than a store and that in the event of government ceasing to require the said building as a
store that then the said Lieutenant Colonel John Fraser or his heirs. executors. administrators and assigns shall be allowed
the option of purchasing the govt. building at an appraisement without including the value of the ground whereupon it
stands which shall then be transferred to him the said Lieutenant Colonel John Fraser or his heris. executors. administrators
or assigns wihtout any additional payment - and provided always to such regulation as now which and as may hereafter be
enacted relative to tenures on Landed property in general in this Island and we the said Right Honourable James Alexander
Stewart Mackenzie Governor do hereby promise and grant the said premises herein before mentioned to be granted and
assigned and every part thereof subject always to the condition. provision and reservation. herein before contained into the
said Lieutenant Colonel John Fraser his heirs. executors. administrators and assigns against all and every other person or
persons whomsoever shall and will warrant and defend - Given under our hand and seal at Colombo in the island of Ceylon
the nineteenth day of July in the year of our Lord one thousand eight hundred and thirty eight 1
1 S.L.N.A. 6/1475
131
APPENDIX IX
EXTENSION OF MAHAIYA W A CEMETERY
Wagolawatte Cemetery was acquired from Udavattek'ale on 14 January 1878 under Ordinance NO . 3 of 1876
entitled "An Ordinance to provide for the acquisition of land for Public Purpose". It consisted of 1 acre 2 roods 3 perches
described as Lot 7218 in Surveyor General's Plan No . 2168 dated 28/9/1877 It was required for the extension of
1
Mahaiyawa Cemetery.
A letter from the Kandy Municipal Council written to the Commissioner of Local Government. Colombo, through the
Government Agent. Central Province, Kandy and the Land Commissioner on June 30 1932 makes clear the position of the
cemetery :
"Sir,
With reference to letter No. P.P. 9203 of the 23rd ultimo from the Government Agent. c.P., Kandy, a
copy of which is hereto annexed, I have the honour to forward herewith a tracing of P.P. 9203 and to inform
you that the land shown therein has been used as a Cemetery since 1887.
2 . The Council is responsible for the supervision of this cemetery, and as it intends to effect certain
improvements and exercise better control over it, it is desired that the land, which is Crown land, be vested in
the Council for use as a Cemetery." 2
1. S.LNA 18/3417
2. U.K.R.F. File No . 111/22 No . 0240A Kandy, 30 June) 932
132
APPEND/XX
The plaintiff - respondent Ven'ble Jinasiri Thero alleged that Sonuththra Thero once he acquired the land in 1883
founded thereon a Buddhist Temple which was consecrated about 70 years prior to the date of action and that Rama
Vihare has existed as Sangika premises for a period "beyond the memory of any living person." He stated that Sonuththra
Thero thereby became the first Viharadhipati . He was succeeded by his senior pupil Kalutara Sudhamma and on the latter's
death in 1940 by his senior pupil Diyapththugama Dharmakeerthi. The plaintiff - Jinasiri Thero claimed to have succeeded
to the incumbency as senior pupil of Dharmakeerthi, and be declared as Viharadhipathi and that the defendent be ejected
from the premises .
The defendent denied that these premises were Sangika or that there was any place of worship on the land called
Rama vihare. He stated that it was the pudgalika property of Sonuththra Thero and after his death his lay heirs transferred
this land to Kotigala Sumanatissa Thero and Kalutara Sudharamma Thero upon Deed No . 657 dated 9 September, 1903 .
Sumanatissa Thero by Deed No . 4280 dated 27 December 1956 gifted a half share of the premis!=lS to the defendent. The
defendant also claimed that after the death of Sudhamma Thero, Sumanatissa Thero became entitled to the entirety. He
further stated that in 1938 a private Chappel was constructed on the land. The learned Judge has held that these premises
were Sangika and entered judgement for the plaintiff . From this the defendent appeals and counsel appearing for him, H.
W . Jayawardene, confined his argument to this question only. He stated that there was no proof that the premises were
Sangika and readily conceded that if there was proof the plaintiff was entitled to judgement . The learned Judge has referred
to certain documents wherein Sonuththra Thero, Sudharma Thero and Sumanatissa Thero are referred to as V,haradhipathi
of Rama Vihare. If someone or the other priest refers to himself as Viharadh(pathi they could not in any way be proof of
1. Did Suriyagoda Sonuththra Thero upon Crown Grant W 4472 dated 20 .3 1883 become the owner of the land
and premises described in the schedule to the Plaint
2. Did the said Suriyagoda Sonuththra Thero - a) Restore and ancient Vi hare which stood on the said land, and/or
b) re-establish a place of Buddhist worship thereon
3 . If so, did the said Suriyagoda Sonuththra Thero run and/or convert the said land into Sangika property
Issues 2 (a) refers to an ancient vihare which stood on the land the case of the plaintiff was that he ran the said
vihare as Sanglka property . Plaintiff's witness Kevitiyagala Dhammasidi Thero stated in cross-examination that he first went
to the premises in 1925 and at that time there was an old Vihare there and a Bodhi. In cross-examination he admitted that
he could not have gone there before 1930 and what he stated earlier was knowledge gathered from his tutor . His evidence
cannot be accepted as proof of the existence of a Vihare in 1883 at the time of the Crown Grant or .even later up to 1930.
The plan made in June 1917 only shows the "site of Rama Vihare" meaning thereby that Rama Vihare once stood there.
Further the Crown Grant conveys 3 roods of Udavattekale, a well known forest within the limits of Municipal Council of
Kandy.
Issue 2 (b) read with the second part of issue 3, means that Sonuththra Thero established a place of worship there
and converted it into Sangika property. There is not an iota of evidence to support this . In fact in 1917 when Sudharma
Thera and Sumanatissa Thero instituted action No . 25444 of the District Court of Kandy to indicate a right of way to this
land over the Defendant's neighbouring land. they claimed as owners of Rama Vihare Waite. If the plaintiff is to succeed in
this case he must prove that the premises was Sangika. he cannot claim to be Viharadhipathi of Gihi Santhaka lands.
Dedication is a sine quo non for these premises to become Sangika . "This dedication may take the form of a writing or may
be verbal, but in either' case it IS a formal act , accompained by a solemn ceremony in the presence of four or more priests,
who apparently represent the Sarva Sanga or entire priesthood" per Sampaya J . in Wickramasinghe vs . Unnanse (22
N.L.R. 236 and 242) It is "dedicated to the whole order , the Sangha present and future throughout the world, in all
directions north, south, east and west" (per Bertram c.J . Saranankara Unnanse vs Indrajothi Unnanse (20 N.L.R. 385 and
394) Basnayake C.J, described the ceremony in more detail as follows. - "There must be an assembly of four or more
Bhikkus, the property must be shown ; the donor and donee must appear before the assembly, and three times the formula
generally used in giving property to the Sangha with the necessary variation according as it is a gift or more . Water must be
poured into the hands of the donee or his representative . The Sangha is entitled to possess the property from that time
onwards . No property can be Sanghika without such a ceremony Sometimes there is a stone inscription recording the
grant or a deed being given" Wijewardene vs. Buddharakkita Thera (19 N.L.R. 121 and 124) .
The mere fact that a temple has been given to the Sangha does not make it Sangika. It must be dedicated in the
manner prescribed by the Vinaya to become Sangika. There is no proof of such a ceremony in respect of Rama Vihare
Walta. The plaintiff therefore fails in his claim . There are other issues based on whether it is pudgalika property. No claim in
this respect was made in the plaint and I would therefore leave them open for decision in a properly constituted case .
Subject to this the appeal is allowed and the Plaint iff's action is dismissed with costs in both Courts . '
"'
1. Judgment in SC No. 423/73 (F) ; D.C Kandy Case No. 8919/L decided on 25 .05.1978 .
133
APPENDIX XI A
A translation of the rock inscription.
"At the time of the glorious and supreme King Kirti Sri
Raja Sinha, born of the excellent solar race, powerful
and majestic like the sun, a lion to the powerful inimical
kings, like elephants, like a kalpaddruma in liberality,
sagacious, sincere, energetic, and endowed with many
eminent virtues, like Indra in stately grandeur.
"When Kirti Sri Raja Sinha, having been inaugurated
King of Lanka, was making great advancement in
religious and worldly affairs, noticed a stone statue of
ancient date in a rock lying in the palmirah garden in the
vicinity of Mahaweli-ganga " f
"Then he caused a vihare to be made containing stone
walls of 13 cubits in length, 7 in breadth, and 11 in
height, surrounded by stone pillars, and above a roof
with rafters covered with tiles . Within the walls a stone
image of 9 cubits in height was made, beautified its
robes with vermilion painting , covered its different
members with golden leaves painted around with
paintings of five hues, and completed it after enshrining
it with bodily relics . In the year of Saka 1674, on the
eight day of Poson, on Monday, the second day of the
first quarter of the bright part of the moon , when all the
works of the supremely magnificient image of Buddha,
variegated with golden workmanship, were completed
in the vihare , bearing the appellation of Gangarama ,
two eyes were affixed to the image . In the year of Saka
1674, of the month Poson , and on Monday, the eight
day of the increase of the moon, under the
constellation Hata, eyes were affixed to the image,
accompanied with great solemnity, rejoicings, and
excessive offerings, and then satisfied the workmen by
giving them appropriate gifts . In acquiring the merits
accruing there from for the continuance of worship
inviolate, the king caused to be appointed men for
different grades of service; and considering that fields
and gardens are also necessary he dedicated from the
village
Bibila
4
amunu
Wewakumbura,
Hemagahakumbura, aswedduma, Galpottekumbura ,
and Watte Arachchiyakumbura ; from the village
Aruppola 7 amuna Migaskumbura , Muttetuwa,
Galahitiyawa, Pihili-anga , Pusse-anga, Getahadeniya,
Aswedduma, Kalanchiyakumbura. Pindeniya 12 amunu
and
2
pelas.
Asweddumwela,
Tarale,
Weralugahadeniya, Alupota, Hapugahadeniya,
Walakumbura, Murutepalle, Galahitiyawa, Uda
Galahitiyawa, Palkade, Dodangahakumbura; from
Wattarantenna 6 amunu and 1 pela of
Gadadehimaditta and Hapugaswela ; from Bogambara
6 amunu and 2 pela from Halmehikandure-ela 6 pelas ;
from Ampitiya Alugolla of 5 pelas ; from Dumbara 2
1
The palm irah garden was known as Talavana - present Talwatte ; Mahaweli-Ganga-Mahavaluke ; Sannas With Nayaka Thera, Gangarama Vihara .
2 . A. C Lawrie. Gazetter ofthe Central Province of Cevlon. Vol.lI. Colombo 1898. 00.817 -8 .
3 . A. C Lawrie. Gazetter of the Central Province of Ceylon. Colombo. 1898. pp.817-8
134
l
APPENDIX XI B
Endowments of the vi hare in the Kandy and Kegalle Districts.
Number
of
Pangu
Village
Kandy
Extent
of
Fields
A. P. K.
Extent
of
Gardens
Extent
of
Hen
A. P. K.
0
A. P K.
o2
Talwatte
2 8
Wattarantenna
2 2 7
2 0
Mawilmada
3 5
Siyambalagastenna
2 2 0
Mapanganwafura
Aruppola
Halmehikandura
Sirimalwatta
Napana
Tennekumbura
Rs. c.
30 5
61 25
2 2 2
55 90
57 25
2 8
0 0
31 70
6 3 3
9 2 8
8 0 0
108 30
o0
o0
0 5
2 90
6 3 0
36 75
Malgomuwa
Value
of
Services
2 3
3 0
65 90
3 0
o2
7 90
3 5
1 2 0
34 5
16
19 0 4
6 3 7
4 0 2
52
45 0 8
Kegalle
Diyagama
Dehunpahuwa
Total
3 9
34 1 1
53 2 3
4 0
74 3 7
291 40
80 5
863 40
135
1
APPENDIX XII
The Schedule of the land was :
A portion of Udawattekele forest reserve , subsequently surveyed as lot 1 in P.P .A. 184 called Udawattekele situated
in the village of Talwatta within the Municipal limits of Kandy , in the District of Kandy, Central Province, containing in extent
OA. OR . 25 .3P and bounded as followsEast by lot 2 in P.P.A. 184 (reservation along main road). and Siriwardhanaramaya (Assessment No . 61)
Gangarama Temple claim, and on all other sides by the Udawattekele forest reserve.
This proclamation was gazetted in the Ceylon Government Gazette. No. 8,085 of October 19, 1934.
Accordingly, a notice was issued by the Land Commissioner putting into effect the Proclamation Order.
~l
~.
136
APPENDIX XIII
A Tentative check list of the ferns and flowering plants found at.Udaval1ekale
Acac ia Caesia. Hinguru-wel (weed)
Aglaonema commutatum
Aglaonema oblongifolium (aroid)
Alangium hexapetalum (A salvifolium). liana
Albizia chinensis (A stipulata). Kabal-mara
Albizia flacataria (A falcata) . Rata-mara
Albizia odoratissima. Huri-mara
Aleurites moluccans (A triloba). Tel-kekuna
Aleurites montana
Allophyllus cobbe. Wal-kobbe, kobbe
Alocasia cucullata. Panu-habarala
Aloca sia indica
Alocasia macrorrhiza. Haba-rala
A lpinia speciosa Aratha
Alstonia macrophylla, Havari-nuga
Ai stonlcscholans. Ruk-aththana
Allernanthera sessilis. Mukunuwenna
Alysicarpus V~inalis (weed). Asvenna
Amaratnlhus vindus (weed). Kura-tampala
Amomum spp
Bambusa spp .
Begonia humilis
Begonia spp
Bldens chinen sis (weed)
Blophytum reinwardtil (weed). Gas-nidikumba
Blechnum occidentale (fern)
Blechnum orientale (fern)
Bougainvillea glabra
BougainVillea spectabilis
Breynia retusa. Wal-murunga
Breynia thamnodies. Gas-kayila
*Broussonetia zeylanica (Allaeanthus zeylanicus). Alandu
Brucea java nica (B . amarissima), Wal-papul
Bryophyllum pinnatum, Akkapana
Caesalplnia pulcherrima (ornamental shrub)
Caladium blcolor (escape from cultivation)
*Calamus thwaitesi. Maha-wewel, Cane palm
Calamus zeylanicus. Cane palm
Callicarpa lanata (C lomentosa), lila
Cananga adorata. Wal-sapu
Canna indica. Budu-sarana
Cansjera rheedi (liana) . Eta-mura
Canlhium dicoccum, Panduru, Pana -karawa
Carallia brachiata. Dawta
Careya arborea. Kahara
Cassia hirsuta (weed). Parangi-rora
Cassia mimosoides. Bin-siyambala
Cassia occidentalis. Pani-tora. peni-tora
Cassia siam ea. wa
Cassia spectabllis
Careya arborea, Kahata
Caryota urens, Kirul. Fishtail palm
Castilla elastica
Cedrela taona. Toon
Ceiba pentandra . Kapok
Cel tis cinnamomea, Gurenda
Celtis Wightii
Cen te lla asiatica. Gorukola
Centrosema pubescens (vine twiner)
Chonemorpha fragrans (vine) Bu-wal-anguna
Chuckrasia velulina (C tabularis). Hulan-hik
Chrysophyllum cinnamon
Cinnamom um verum (C zeylanicum). Kurundu
Cipadessa baccifera. Hal-bembiya .
Cissus heyneana (vine)
Clausena dentata
Clausena Indica
Cleidion Javanicum. O-kuru
Clerodendrum fragrans (C phillippium)
Clerodendrum nutans (C Wallich i). ornamental shrub
Clerodendrum paniculatum, Pagoda flower
Cliloria terneta (creeper) . escape from cultivation
.j
139
Ciusla rosea .
Cocclnea grandis
Cocos nuclfera, Pol, Coconut palm
Codlaeum vanegatum (several cultlvars), Crotons
Colasasla esculents, Wei-ala
Columella pedata (vine)
Commelma benghalensis
Commellna clavata
Commelina diffusa, Girapala
Commellna kurzil
Cordia spp .
Cordyline terminali s
Costus speciosus, Tebu
Cost us spiral is (escape from cultivation)
Crassocephalum crepidioides (Gyuura crepldloides)
Crepis japonica (weed)
Crotolana pailida (weed)
Crotolana zanzlbarica (weed)
Croton lacclfer , Kepetiya
Cyclea burmann i, Kehi-pi{(an
Cyclosorus spp (ferns) IThelyptens spp
Cymbopogon nardus, Mana
Cynoglossum zeylanlcum
Cyperus rOlundus (weed). Kalanduru
Cynococcum tngonum (grass)
Oalbergla pseudo-sissoo (0 champloni). Bambara-wel
Datura suaveolens, Devils trumpet
Oelonlx regia. Flamboyant
Oendrocalamus spp
Oesmodlum heterocarpum , Et-undu-pwa /i
Oesmodium heterophyllum. Maha-undu-plya/i
Oesmodlum tnfl orum, Heen-undu-plya/i
Oianella ensifolia, Monara-petan
Olchapetalum gelenloides
Oleffenbachla seguine, Dumb-cane
Oloscorea pentaphylla (vine), Katuva-ala
Oioscorea spicat a (vine). Gon-ala
Oopartlum juncea (marsh plant)
"Oracaenil thwaitesii
Orymana cordata, Kukulu-pala
Orymoglossum heterophyllum (fern)
Orynarla quercifolia (fern)
Ouranta repens, ornamental shrub
Ouno zlbelhina us, ourian
Oysoxylum blnectanferum
Elaeagnus latifolia (liana/sh rub), EmbJ/la
Elaeoparpus serratus, Weralu
Elephantopus scaber, Et-adi
Eleutheranthera ruderall s (weed)
Elytarla aea ulis
Emilia exserta, Kudu-para
" Entada zeylanica (Ii ana). Pus-wei
Eranthemum capense
Eranthemum nervosum
Ewsgnglum foetidum, Andu
Erythnna litho sperma , oadap
Erythrina variega ta, Erabadu
Eugenia malaccensis, Jambu, Malay apple
Euphoria longana, Mora
.,
141
Kylingia monocephale (Cyperus). Sedge
',.
Oxalis corymbosa
--~
142
Scleria lithosperma (sedge)
Schefflera stellata, Itta-wel
Scindaspus aureus (root climber)
Schleichera oleosa, Kon
Scoparia dulcis.
Semecarpus obscura, Badulla
Sida rhombifolia, Kotikan-bevilla
Smilax prolifera, Maha-kabarana
Solanum aculeatissimum
Solanum nigrum, Kalu-kamberiya
Solanum torvum (S ficifolium), Tibattu
Sonchus oleraceus (weed)
Sonchus wightianus (S. arvensis)
Spathodea campanulata, Kudalu-gaha
Spondias pinnata
Spondias spp .
Stachytarpheta dichotoma, Balunakuta
Stachytarpheta urticifolia, Balunakuta
Stenochlaena palustris (lianoid form)
Stephania Japonica', Lunnuketiya-wel
Stercul ia balanghas, Nava
Stereospermum personatum, Lunu-madella
Streblus asper, Geta-nitul
Strombosia zeylanica
Swietenla macrophylla, Mahogany
Symplocos cochin-chinenSIS (S . spicata). Bombu
Syndrella nodiflora (weed)
Syngonium podophyllum, Wel-kohila
Syzygium caryophyllatum, Dan, Heen-dan
Syzygium gardneri, Damba, Bata-damba
Wikstroemia indica
143
APPENDIX XIV
A list of Birds seen at Udavatteka'le between the years 1963 - 1976
Dark Print = Scientific Name and Name in English . S = Sinhalese; T = Tamil
Ref. Annotated Checklist of the Birds of Ceylon - W. W . A.
Philips .
headed Babbler.
S- Demalichcha T :- Velaikara-Kuruvi or
Kukkuru-Pachan
S - Gira-Kurulla T
1 7 . Chloropsis Cochinchinensis Jerdoni (Blyth)
Jerdon's Chloropsis or Gold-mantled Chloropsis or
Leaf Bird
S- Jerdonge Gira-Kurulla T :
Chestnut-headed Bee-Eater
144
24 . Dicrurus Caerulescens Insularis (Sharpe)
Pale White-vented Orongo or White-bellied Orongo or
Common Ceylon Orongo
S- 8ada-Sudu Kauda T :- lrattai- Va/~Kuruvi
or
35
or
36
37
parundu
or
145'
,ted
&
40. Halcyon smyrnensis fusca (Boddaert)
Ceylon Lorikeet
VI
S _Hingini-kurulla T :
S _Gini-kurulla T :-Mampala-kuruvi
146
46 . Lonchura kelaarti kelaarti (Jerdon)
Ceylon Hill Munia or Kelaart's Munia
S :- Kandukara wee-kurulla T :-Nellu-kurupvi or Tinavan
or Tmai-kuruvi
53 Pitta
54 .
Spotted Munia
56 .
49 . Sitta frontalis frontalis (Swainson)
vVelvet-fronted Nuthatch
S :-
58 .
S :- Kaha-kurulla T :-Mampala-kuruvi
Wal-P~kichcha
57 .
or
147
60 .
68 .
or
,!
1
.
73 .
I
I
61 .
S-Lotenge Rang-Suttikka T
lIIatha-Kuruvi
I/Iatha-Kuruvi
Thalai-lIIa-Kuruvi
67 .
75 .
148
76 .
Yellow-Naped Woodpecker
Thachchan Kuruvi
78 .
"
Thachchan-Kuruvi
---
- - --
--
149
APPENDIX XV
List of insects found at Udavattekale
Hymenoptera
1
2
3
4.
5
6.
7
8.
9
10.
15
16
17 .
18 .
19 .
20.
il
(Anthophoridae)
do.
do.
do.
do .
(Am pulicidae )
(Eumenidae)
(Eumenidae)
(pompilidea)
(PorT'lpilldae)
do.
do .
do .
do .
(philanthidae)
do.
do .
do .
22 .
23 .
24 .
25
26 .
27 .
28
29
30 .
31
32.
33
34.
35.
36 .
37
38 .
39
40 .
41 .
42 .
43 .
44 .
45
46
MOTH
Argema selene
(pompilidac)
(Lorridae)
(Chalcididae)
do.
(Ampulicidae)
do.
do.
(Ichneumonidae)
do.
do .
(pompilidae)
do .
do.
do.
do.
MOTHS
150
Oxyambulyx Subocellata
Acherontia Lachesis
47 .
48 .
49
50 .
51
52 .
53 .
54 .
55
56 .
57 .
58
59 .
60 .
61
62 .
63 .
64
65 .
66 .
6 7.
68 .
69 .
70 .
}O1
Theretra Boisouvali
Hippotion Celerio
Labus humbertiamus
Labus pusillus Vecht
Leptodialepis Ceylonica mihi
Liris vigilans (F. Smith)
Li ssocn emis brevipennis
LissocnemlS irra sa Kohl
Hylodynerus keiser!
Llri s nlgreipennis cameron
Methocha (Dryinopsis) Ceylonica
Mckelidia vulgaris Petersen
Megacampsomeris C ceylonica
Parawcistrocerus horni (Sm)
Perissosega venablei Krombein
Philanthus basalis Sm
Pison reg lie Sm
Pison regosum Sm
Sphex argentatus F
Sphex sericevs fa bricii Dahlb
Psen matalensis Turner
Sphex P melanopoda
Saltasega distorta Krombein
Serendibula Karunaratnel Krombein
Serendibula gracilis Krombein
Silbum cyan urum splendldum
Subancistrocerus sichelti
Meganoton Analis
Cephonodes Hylas
Compsogene Panopus
Hippotion Boerhaviae
(Eumenldae)
do .
(Pompilidae)
do .
(Eumenidae)
(Mutillidae)
(Crabromdae)
(Lorridae)
do.
(Crabromdae)
do .
(Chrusididae)
(Eumenidae)
MacroglosJum Aquila
Hyloicus Pinastri
Acosmeryx Socrates
72 .
73 .
74 .
75 .
76.
77 .
78 .
Marumba Juvencus
Agrius Convolvuli
(Mut illidae)
Coleoptera
1. Gorhamia krombeln i
2 . Gincldela (Calochroa) diserpans Walk (Cicindelidae)
3 . Hister dlversifrons Sch
(Hi steridae) .
4 . Harmatelia bilinea Walker
5 Stenocladius ba salis pic
6 . Platydema velutinum Geb
7 Oxytelus varipennis kr
(Stuphymdae)
8 . Hoplobrachium dentipes Fair
(Tenebrionidae)
9 . Hemicera splenden s Wies
do .
10. Uloma sc ita Walk
do .
Orthoptera .
1. Pseudophloeba henryi Bol .
2 Stenocatantbps S splendens
3 . Eucoptacra ceylonica kby
(Acrididae)
do.
MOTHS
Othreis Homaena9
Erebus
Unidentliied
151
Othreis Fullonia 9
Antheraea Helferi
Asota Producta
Othreis Fullonia d
Poecolotheria Fasciata
(Tarantula Spider)
Ophiusa Coronata
BUTTERFLIES
;.
Polydorus Hector d Polydorus Aristolochiae Ceylonicus 9 Cethosia Nietneri 9 Chilasa Clytia Dimoph Dissimilis 9
Papilio Polytes Homulus 9
Papilio Polytes Romulus t5 Papilio Polymnestor Parindon
Craphium Sarpedon Teredon Papilio Crino d
(Hector Form)
Hypolimnas Bolina d
Hypolinnas Bolina 9 Loxura Atymnus Arcuata d Apatura Parisatis Camibad Papilio Demoleus9 Papilio Demoleus d
152
Odonata
1. Myrmeleon tennipennlS Ramb
Neuroptera
1. Glyprobasis nugax Walker
Dermaptera
1. Epilandex burri
Hemiptera
6.
7.
8.
9.
10.
13 Ptllocera fastuosa
14 . Metopia argyrocephala Mn
(Borelli)
(Miridae)
do .
do .
do.
do.
4 . Platystathus crassicorn
5 . Neochara inops Wlk
6 Cispia punctlfascia Wlk
7. Idea Iynceus Jasonia
8 Danaus aglea aglea
9 . Danaus similis exprompta
1O. Danaus plexippus
1 1 Euploea core asela
12 . Orsotriaena medus mandata
13 . Mycalesis mineus polydecta
14 . Lethe rohia mlgiriensis
15 . Melanitls leda ismene
(Sarcophigidae)
(diopsidae)
(Tabanidae
(Archidae)
.. do
(Archidae)
do