Appeal Court overturns decision to suspend Mannar liquor license
- 5opn1
- October 30, 2024
- News
- Appeal Court, liquor license, Mannar
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The Court of Appeal issued an interim order suspending the decision by authorities to revoke the liquor license granted to Jayantha Malcom Thirimanna for operating a foreign liquor shop in the Mannar area.
The Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Mahen Gopallawa issued this order pursuant to a writ petition filed by Jayantha Malcom Thirimanna, challenging the decision of the Commissioner General of Excise and the Divisional Secretary of Mannar to suspend the liquor license granted to the petitioner.
This interim order will be effective until December 17.
The Court of Appeal having found a prima facie case of unlawfulness directed the issuing of formal notices on the respondents.
The Court further directed the Commissioner General of Excise to conclude the inquiry, if any, pertaining to the reason for suspension of the license.
The petitioner stated that he is the lawful holder of a retail license for the sale of foreign liquor (including locally made malt liquor) not to be consumed on the premises issued under the provisions of the Excise Ordinance No. 8 of
1912 (as amended) in respect of premises situated in Mannar.
The petitioner states that pursuant to relevant approvals being granted, the Excise Department wrote to the Divisional Secretary, Mannar by letter dated 26th August 2024 requesting the issuing of an FL 04 license along with the accompanying AFL 3 license.
The petitioner said a sum of Rs. 13.6 million including applicable annual excise license fee along with all due payments required in law have
been duly paid and settled by the petitioner.
The petitioner stated that pursuant to being granted the said licenses, he commenced his business operations on the 25th of September 2024.
The petitioner states that he was appalled to receive the impugned letter dated 30th September 2024, issued under the hand of the Commissioner General of Excise to the Divisional Secretary, Mannar.
The petitioner states that the said purported letter unlawfully states that the FL 4 license of the petitioner to be temporarily suspended with effect from 30th September 2024 until a final decision is taken at an inquiry to be held in terms of Excise Notification 02/2024 pertaining to some supposed public opposition.
The petitioner states that ex facie there is no provision to “temporarily suspend” the licenses of the petitioner and close the licensed premises pending inquiry.
Ronald Perera, PC with Counsel Ruwantha Cooray instructed by N & S Associates appeared for the petitioner.
