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2025 Supreme(SRI)(CA) 369
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Mandates in the nature of Writs of Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. C.A. CASE NO. WRT/0801/24 1. Epic Lanka (Private) Limited, Epic Techno – Village, No. 158/1/A, Kaduwela Road, Thalangama, Battaramulla.
2. Nayana Darshana Prasad Dehigama, Executive Chairman, Epic Techno – Village, No. 158/1/A, Kaduwela Road, Thalangama, Battaramulla.
PETITIONERS Vs.
11. Hon. Bimal Rathnayake, Minister of Transport, Highways, Ports and Civil Aviation, 7th Floor, Sethsiripaya Stage II, Battaramulla.
22. Hon. (Dr.) Harini Amarasuriya, Minister of Education, Higher Education and Vocational Education, Ministry of Education, Isurupaya, Battaramulla.
33. Hon. Vijitha Herath, Minister of Foreign Affairs, Foreign Employment and Tourism, Ministry of Foreign Affairs, Republic Building, Sir Baron Jayathilaka Mawatha, Colombo 01.
44. Hon. K.D. Lalkantha, Minister of Agriculture, Livestock, Land and Irrigation, Ministry of Agriculture and Plantation Industries, No. 80/5, “Govijana Mandiraya”, Rajamalwatta Lane, Battaramulla.
55. Hon. Sunil Handuneththi, Minister of Industry and Entrepreneurship Development, Ministry of Industry and Entrepreneurship Development, No. 73/1, Galle Road, Colombo 03.
66. Hon. Ramalingam Chandrasekar, Minister of Fisheries, Aquatic and Ocean Resources, Ministry of Fisheries, Aquatic and Ocean Resources, New Secretariat, Maligawatta, Colombo 10.
77. Hon. (Prof.) Anil Jayantha Fernando, Minister of Labour, Ministry of Labour, 6th Floor, Mehewara Piyasa, Colombo 05.
88. Hon. Samantha Vidyarathne, Minister of Plantation and Community Infrastructure, Ministry of Plantation and Community Infrastructure, 11th Floor, Sethsiripaya 2nd Stage, Battaramulla.
99. Hon. Anura Karunathilaka, Minister of Urban Development, Construction and Housing, Ministry of Urban Development, Construction and Housing, 12th Floor, Sethsiripaya Stage – II, Battaramulla.
1010. Hon. (Dr). Nalinda Jayathissa, Minister of Health and Mass Media, Ministry of Health and Mass Media, Suwasiripaya, No. 385, Rev. Baddegama Wimalawansa Thero Mw, Colombo 10.
1111. Hon. (Prof) A.H.M.H. Abayarathna, Minister of Public Administration, Provincial Councils and Local Government, Ministry of Public Administration, Provincial Councils and Local Government, Independence Square, Colombo 07. 12. Hon. Wasantha Samarasinghe, Minister of Trade, Commerce, Food Security and Cooperative Development, Ministry of Trade, Commerce, Food Security and Cooperative Development, No. 492, R.A. De Mel Mawatha, Colombo.
1313. Hon. Saroja Savithri Paulraj, Minister of Women and Child Affairs, Ministry of Women and Child Affairs, No. 19, Sri Sangharaja Mawatha, Colombo 10.
1414. Hon. Harshana Nanayakkara, Minister of Justice and National Integration, Ministry of Justice and National Integration, 5th Floor, Sethsiripaya (Stage II), Battaramulla.
1515. Hon. Upali Pannilage, Minister of Rural Development, Social Security and Community Empowerment, Ministry of Rural Development, Social Security and Community Empowerment, 1st Floor, Sethsiripaya (Stage II), Battaramulla.
1616. Hon. K.M. Ananda Wijepala, Minister of Public Security and Parliamentary Affairs, Ministry of Public Security and Parliamentary Affairs, 17th Floor, “Suhurupaya”, Sri Subhuthipura Road, Battaramulla. 17. Hon. (DR) Hiniduma Sunil Senevi, Minister of Buddhasasana, Religious and Cultural Affairs, Ministry of Buddhasasana, Religious and Cultural Affairs, No. 135, Srimath Anagarika Dharmapala Mw, Colombo 07.
1818. Hon. Sunil Kumara Gamage, Minister of Youth Affairs and Sports, Ministry of Youth Affairs and Sports, No. 09, Philip Gunawardena Mawatha, Colombo 07.
1919. Hon. (Prof) Crishantha Abeysena, Minister of Science and Technology, Ministry of Science and Technology, 3rd Floor, Sethsiripaya Stage I, Battaramulla.
2020. Hon. (Eng.) Kumara Jayakody, Minister of Energy, Ministry of Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
2121. Hon. (Dr) Dammika Patabendi, Minister of Environment, Ministry of Environment, Sobadam Piyasa, 416/C/1, Robert Gunawardena Mawatha, Battaramulla.
2222. W.M.D.J. Fernando, Secretary to the Cabinet of Ministers, Office of the Cabinet of Ministers, Lloyd’s Building, Sir Baron Jayathilaka Mawatha, Colombo 01.
2323. Secretary to the Ministry of Transport and Highways, 7th Floor, Sethsiripaya Stage II, Battaramulla.
2424. Commissioner General, Department of Motor Traffic, No. 341, Alvitigala Mawatha, Narahenpita, Colombo 05.
2525. Dharmasiri Kumaratunge, Chairman, 26. Ranjith Ganganath Rubasinghe, Member, 27. Ravindra Pathmapriya, Member, The 25th – 27th Respondents all of;
Cabinet Appointed Negotiating Committee, 7th Floor, Sethisiripaya Stage II, Battaramulla.
28. Y.K. Shiromi Jeewamala, Chairperson, 29. Indika Hapugoda, Member, 30. Nandana Gunaratne, Member, 31. Udaya Kasthurirathne, Member, 32. Dileepa Pieris, Member, 33. T.V.D.D.S. Karunarathne, Member, 34. D.M.S.S. Bandara, Member, 35. T.A.D.D. Premarathne, Member, 36. S. Porage, Member, The 28th – 36th Respondents all of;
Project Committee, 7th Floor, Sethsiripaya Stage II, Battaramulla.
37. G.S. Withanage, Chairman, 38. M. Dewasurendra, Member, 39. A. Lokugamage, Member, 40. Chithra Thilakarathna, Secretary, The 37th – 40th Respondents all of;
Procurement Appeal Board, Presidential Secretariat, Colombo 01.
41. Sudharma Karunarathna, Chairperson, 42. W. Ivan Tissera, Commission Member, 43. D.A.P.S. Daranagama, Commission Member, 44. S. Sumanthiran, Commission Member, 45. A.G.P.A. Gunawansa, PC, Commission Member, 46. D.C. Siribaddana, Secretary – General, The 41st – 46th Respondents all of;
National Procurement Commission, No. 44 (B90), R.G. Senanayake Mawatha, Colombo 07.
47. Millennium IT ESP (Pvt) Ltd, No. 450D, R.A. De Mel Mawatha, Colombo 03.
48. Metropolitan Technologies (Pvt) Ltd, No. 12, Magazine Road, Colombo 08.
49. Access International (Pvt) Ltd, Access Tower, No. 278, union Place, Colombo 02.
50. Hon. Bandula Gunawardena, Former Minister of Transport and Highways, 7th Floor, Sethsiripaya Stage II, Battaramulla.
And Former Minister of Mass Media, Ministry of Mass Media, No. 163, Asi Disi Medura, Kirulapone Mw, Polhengoda, Colombo 05.
51. Hon. Dinesh Gunawardena, Former Minister of Public Administration, Home Affairs, Provincial Councils and Local Government, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 07.
52. Hon. Nimal Siripala De Silva, Former Minister of Ports, Shipping and Aviation, Ministry of Ports, Shipping and Aviation, No. 19, Chaithya Road, Colombo 01.
53. Hon. Pavithra Devi Wanniarachchi, Former Minister of irrigation, Ministry of Irrigation, No. 500, T.B. Jayah Mawatha, Colombo 10.
And Former Minister of Wildlife and Forest Resources Conservation, Ministry of Wildlife and Forest Resources Conservation, No. 07, Hector Kobbekaduwa Mawatha, Colombo 07.
54. Hon. Douglas Devananda, Former Minister of Fisheries, Ministry of Fisheries, New Secretariat, Maligawatta, Colombo 10.
55. Hon. Susil Premajayantha, Former Minister of Education, Ministry of Education, Isurupaya, Battaramulla.
56. Hon. Mahinda Amaraweera, Former Minister of Agriculture and Plantation Industries, Ministry of Agriculture and Plantation Industries, No. 80/5, “Govijana Mandiraya”, Rajamalwatta Lane, Battaramulla.
57. Hon. Ramesh Pathirana, Former Minister of Health, Ministry of health, Suwasiripaya, No. 385, Rev. Baddegama Vimalawansa Thero Mw, Colombo 10.
And Former Minister of Industries, Ministry of Industries, No. 73/1, Galle Road, Colombo 03.
58. Hon. Prasanna Ranatunga, Former Minister of Urban Development and Housing, Ministry of Urban Development and Housing, 12th Floor, Sethsiripaya Stage II, Battaramulla.
59. Hon. Ali Sabry, Former Minister of Justice, Prison Affairs and Constitutional Reforms, Ministry of Justice, Prison Affairs and Constitutional Reforms, No. 19, Sri Sangharaja Mawatha, Colombo 10.
And Former Minister of Foreign Affairs, Ministry of Foreign Affairs, Republic Building, Sir Baron Jayathilaka Mawatha, Colombo 01.
60. Hon. Vidura Wickramanayake, Former Minister of Buddhasasana, Religious and Cultural Affairs, Ministry of Buddhasasana, Religious and Cultural Affairs, No. 135, Srimath Anagarika Dharmapala Mawatha, Colombo 07.
61. Hon. Kanchana Wijesekara, Former Minister of Power and Energy, Ministry of Power and Energy, No. 80, Sir Ernest De Silva Mawatha, Colombo 07.
62. Hon. Nalin Fernando, Former Minister of Trade, Commerce and Food Security, Ministry of Trade, Commerce and Food Security, No. 492, R.A. De Mel Mawatha, Colombo.
63. Hon. Jeevan Thondaman, Former Minister of Water Supply and Estate Infrastructure Development, Ministry of Water Supply and Estate Infrastructure Development, No. 45, St. Michaels Road, Colombo 03.
64. Hon. Tiran Alles, Former Minister of Public Security, Ministry of Public Security, 17th Floor, “Suhurupaya”, Sri Subhuthipura Road, Battaramulla.
65. Hon. Ranil Wickramasinghe, No. 117, 5th Lane, Colombo 03.
66. Hon. Attorney General, Attorney General’s Department, Colombo 12.
RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J.
COUNSEL : Viran Corea, PC, with Pramod Perera and Nishika Fonseka, instructed by Neelakandan and Neelakandan for the Petitioners. Sumathi Dharmawardhena, PC, ASG, with Rajika Aluwihare, SC, for the 1st – 46th Respondents.
ARGUED ON : 22.07.2025 WRITTEN SUBMISSIONS ON : 28.08.2025 and 04.09.2025 DECIDED ON : 27.10.2025
Viran Corea, PC, with Pramod Perera and Nishika Fonseka, instructed by Neelakandan and Neelakandan for the Petitioners. Sumathi Dharmawardhena, PC, ASG, with Rajika Aluwihare, SC, for the 1st – 46th Respondents.
JUDGEMENT
K. M. G. H. KULATUNGA, J.
1. This application arises out of the awarding of a tender to design, build, finance, and operate (DBFO) the Non-Court Fine Collection and Drivers’ De-Merit Point System. After calling for tenders, the joint tender of the 47th and the 48th respondents (Millennium IT ESP Pvt. Ltd.) was accepted and approved by the Cabinet of Ministers on 09.09.2024. The letter of award dated 18.09.2024 (1R-10) was issued. Accordingly, the per transaction price, with handheld devices for Traffic Police Officers, was awarded at Rs. 254, on a DBFO basis for 5 years initially, extendable up to 10 years.
2. Upon the said award, one of the two other responsive bidders, Epic Lanka (Pvt) Ltd., preferred this application challenging the said award. There are two petitioners named, the first being the said company and the second, the Executive Chairman of the 1st petitioner. The respondents did raise a legal objection on the maintainability of this application on the basis that the 2nd petitioner has no locus standi to be so named. This will be considered later.
3. The grounds on which the petitioners are challenging the award of the tender are as follows:
• Prejudice Caused to the Petitioners (by the following)
• Deficiencies in the Technical Evaluation Process and Absence of a Benchmark
• Breach of the Integrity of the Two-Envelope Procurement System
• Deficiencies in the Notification of Intention to Award the Contract
• Superficial, Inadequate, and Rushed Appeal Process
• Procedural Impropriety and the Breach of Public Trust
• Status of the Contract and Post-Filing Conduct
4. The complaint and the basis of this application, as argued by the learned Counsel for the petitioner, is that the alleged procedural irregularities and non-compliances of the procurement process caused substantive prejudice, and the process is thus not lawful. Further, that the petitioner, having offered the lowest financial bid amongst the technically qualified bidders, ought to have been awarded this tender. Primarily, it is on these two grounds that the petitioners argue this application. The petitioners are thus seeking that the impugned award of the tender be quashed and a mandamus be issued directing the award of the tender to the petitioners or, in the alternative, the conduct of the tender process afresh.
Facts
5. The bid document is marked and produced as P-3, which extensively provides the specific information to be provided and the procedure that would be followed. Upon the issue of the bid documents, a pre-bid meeting was held on 21.05.2021, which provided the opportunity for prospective bidders to make any queries and seek clarification and thereon. The evaluation criteria and formula in respect of the technical evaluation as well as determining the financial score were all prescribed in detail. No complaint, clarification, or query was made by the petitioner. Time has been further granted to make further written queries if necessary. All queries made by others had been answered and clarified. Thereupon, the technical evaluation was done according to the prescribed formula and criteria, according to which, three successful bidders obtained the following scores:
Bidder Score Access Lanka International (Pvt) Ltd (49th respondent) 70.3
| Epic Lanka (Pvt) Ltd (1st petitioner) | 75.0 |
| Millennium IT ESP and Metropolitan Technologies (47th and 48th respondents) | 89.0 |
This evaluation was based on a TEC report which was approved by the Cabinet-Approved Negotiation Committee (CANC). On their approval, the financial bids of the three bidders were opened on 02.08.2024.
6. Accordingly, the prices submitted by the bidders are as follows:
| Bidder | Price for Option 1 (with hardware) | Price for Option 2 (without hardware) |
| Access Lanka International (Pvt) Ltd (49th respondent) | 390.00 | 190.00 |
| Epic Lanka (Pvt) Ltd (1st petitioner) | 254.00 | 154.00 |
| Millennium IT ESP (47th and 48th respondents) | 289.15 | 209.50 |
The petitioners’ price is no doubt the lowest in respect of both Option 1 as well as Opti
