Court of Appeal overturns decision to suspend Mannar’s liquor license – Top Story

Colombo, October 30 (Daily Mirror) – The Court of Appeal issued an interim injunction suspending the authorities’ decision to revoke the liquor license granted to Jayantha Malcom Thirimanna for operating a foreign liquor store in Mannar- area.

The two-judge Court of Appeal comprising Justices Sobhitha Rajakaruna and Mahen Gopallawa passed this order on a 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 was contested. awarded to the petitioner.

This interim decision applies until December 17.

After the Court of Appeal found that there was prima facie illegality, the defendants were ordered to issue notices.

The Court further directed the Commissioner General of Excise to complete any investigation into the reason for the suspension of the license.

The petitioner stated that he is the legal holder of a retail license for the sale of foreign liquor (including locally produced malt liquor) which is not permitted to be consumed on the premises issued under the provisions of Excise Regulation No. 8 of
1912 (as amended) in respect of buildings situated in Mannar.

The petitioner states that after relevant approvals were granted, the Excise Department wrote to the Department Secretary Mannar by letter dated August 26, 2024, requesting the issuance of an FL 04 permit along with the corresponding AFL 3 permit.

The submitter has mentioned an amount of €. 13.6 million, including applicable annual excise license fee, together with all due payments as required by law
duly paid and settled by the petitioner.

The petitioner stated that after obtaining the said permits, he started his business activities on September 25, 2024.

The petitioner states that he was shocked when he received the impugned letter dated September 30, 2024, sent under the hand of the Commissioner General of Excise to the Divisional Secretary, Mannar.

The petitioner states that the said letter wrongly states that the petitioner’s FL 4 license should be temporarily suspended with effect from September 30, 2024 until a final decision is taken during an inquiry to be held in terms of Excise Notification 02/ 2024 regarding some supposed public opposition.

The petitioner states that there is no ex facie provision to “temporarily suspend” the petitioner’s permits and close the licensed premises pending an investigation.

Ronald Perera, PC with counsel Ruwantha Cooray, instructed by N & S Associates, appeared for the petitioner.