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2025 Supreme(SRI)(CA) 435

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Rohantha Abeysuriya PC, K. Priyantha Fernando, JJ
Amaraweera Wickrama Gunawardhana Tharanga Nalaka – Appellant
Versus
Saman Jayasinghe Commissioner General of Excise & 5 Others – Respondent


Advocates:
Dulindra Weerasuriya P.C with Pasan Malinda for the Petitioner. Shemanthi Dunwille, S.C for the 1st to 5th Respondents. Harsha Amarasekara, P.C with Kanchana Peiris and Ransith Gunawardena instructed by Paul Rathnayake Associates for the 6th Respondent.

ORDER

REGARDING AMENDMENT TO THE PETITION

This application was filed on 07.08.2023 challenging the validity of the F.L.04 liquor license (for the sale of liquor not to be consumed in the premises) issued to the 6th Respondent-Cargills Food Company Pvt Ltd in Weligama by the 1st Respondent-the Commissioner General of Excise.

The main basis for challenge is that the issue of the liquor license is in violation of rule 20(c) of the Excise Notification 902 marked as P3 viz., that the operative sales outlet at No. 454, Matara Road, Weligama is within 100 meters to a place of public religious place of worship in violation of the rule 20(c).

The Petitioner has filed a motion dated 05.02.2025 moving to amend the Petition by adding a prayer and interim relief that, “to issue by way of an interim relief, an Order suspending the validity/the operation of the liquor license issued to the 6th respondent by the 1st to 3rd respondents under the Excise Ordinance and the Regulations promulgated under the same to the Liquor Sale Outlet at the premises No. 454, Matara Road, Weligama of the 6th Respondent until the final determination of this Application”

On behalf of the 6th Respondent, preliminary objecti

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