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2025 Supreme(SRI)(CA) 381

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
M.D. Themiadasa – Appellant
Versus
Saman Jayasinghe Commissioner General of Excise and others – Respondent


Advocates:
Sanjeewa Jayawardena, PC, with Rukshan Senadheera, instructed by Paul Rathnayake Associates for the Petitioner. Mihiri De Alwis, SSC, for the Respondent.

JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioner has made an application under the provisions of the Excise Ordinance in accordance with the form prescribed by the Second Schedule to the Gazette Notification published in the Extraordinary Gazette bearing No. 1544/17 dated 10.04.2008. A copy of the said application is marked and produced as P-6. The same had been submitted on or about 19.09.2023, according to the Third Part of which the relevant recommendation for the issue of the F.L.4 licence had been granted on 17.10.2023. Thereafter, as there was no progress. The petitioner, having made several inquiries, had not received any positive information has, by P-11, written to the Commissioner General of Excise demanding the issue of the licence as applied. As the licence was not issued, this application was preferred by the petitioner.

2. This application was filed on 23.01.2024 and was supported on 06.02.2024, on which date notices had been issued on the respondents. On 28.03.2024, State Counsel had appeared for of all the respondents, and time had been granted to file objections. Subsequently this has been mentioned again on 10.06.2024, on which day further time has been granted

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