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 in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Sehu Ismail Akbar Hassan, No. 337, Media Road, Pasarichenai, Pottuvil - 19.

2. Mohideen Pichchai Harron, Main Road, Pasarichenai, Pottuvil – 19.

3. Pakkeer Mohaideen Yaseen Kiyath, No.227, Kudakkalli Road, Pasarichenai, Pottuvil – 19.

PETITIONER CA No. CA/Writ/0346/2020 v.

1. A. Bodaragama, The Commissioner General of Excise, Excise Department of Sri Lanka, No. 353, Kotte Road, Rajagiriya.

2. The Deputy Commissioner of Excise (Revenue), Excise Commissioner’s Department, Excise Department of Sri Lanka, No. 353, Kotte Road, Rajagiriya.

3. L. J. Ranaweera, Assistant Commissioner of Excise, Easten Province, Trincomalee.

4. N. Susathran Superintendent of Excise, Ampara Division, Ampara.

5. N. Srikanth Officer in Charge of Excise, Ampara.

6. Dr. M. K. C. Senanayake, Director of General, Department of Fiscal Policy, 3^rd Floor (New Building), The Secretariat, Colombo 01.

7. R. Thhiraviyaraj, Divisional Secretary, Divisional Secretary’s Division of Pottuvil, Divisional Secretariat, Pottuvil.

7A. Sandaruwan Anuruddha Divisional Secretary, Divisional Secretary Division of Pottuvil, Divisional Secretariat, Pottuvil.

8. Arugambay Surfers Villa (Private) Limited, Arugambay Surfers Villa Hotel, Main Street, Arugambay South, Pottuvil - 05.

RESPONDENTS BEFORE : M. Sampath K. B. Wijeratne J. &

M. Ahsan R. Marikar J.

COUNSEL : Rushdie Habeeb with J. Fored for the Petitioners.

A. Jayakody, S.C. for the 1st to 7th Respondents.

Sandamal Rajapaksha with Tharushi Ishanka for the 8th Respondent.

ARGUED ON : 17.11.2023 DECIDED ON : 04.10.2024 M. Sampath K. B. Wijeratne J.

Introduction The 1^st Petitioner is the Principal of Noorul Hudha Preliminary Arabic School, while the 2^nd Petitioner serves as the President and the 3^rd Petitioner is the Secretary of the Board of Trustees of the Jummah Grand Mosque, Pasarichenai (Arugambay South), Pottuvil-19.

The 1^st Respondent is the Commissioner General of Excise, and the 2^nd to 5^th Respondents are his subordinate officers. The 6^th Respondent is the Director General of the Fiscal Policy Department of the Treasury, and the 7^th Respondent is the Divisional Secretary of Pottuvil. The 8^th Respondent is Arugambay Surfers Villa (Private) Limited.

The 1^st to 3^rd Petitioners, in their respective capacities, challenge the legality of the liquor license issued to the 8^th Respondent. The Petitioners allege that the liquor license originally issued to Dr. Somasundaram Kethiswaran Pillai for operating the New Kethees Beach Hotel was irregularly renewed under the name of Arugambay Surfers Villa (Private) Limited, in violation of the distance restrictions.

In their amended Petition dated 9^th February 2021, the 1^st, 2^nd, and 3^rd Petitioners, inter alia, sought writs of certiorari to quash letter No. 16/308/42/03993 dated 18^th June 2020 (‘P17’, [Prayer (c) of the Petition.]) and letter No. 16/308/42/03993 – 1 dated 18^th June 2020 (‘P18’, [Prayer (e) of the Petition]). Additionally, the Petitioners sought a writ of certiorari to nullify any licenses issued in terms of ‘P17’ and ‘P18, [Prayer (d) and (f) of the Petition.],’ as well as a writ of certiorari to quash any subsequent renewals made under ‘P17’ and ‘P18’. It is important to note that the Petitioners did not seek writs of mandamus to prevent the issuance or renewal of licenses under ‘P17’ and ‘P18’.

The Respondents resisted issuance of notices in this matter and accordingly, the 1^st to 7^th Respondents filed their limited objections. Due to a mix-up in marking the documents within the limited objections, the issue was rectified in a copy submitted on 23^rd February 2023, along with a new set of documents which will be taken into account in this judgment. After considering the limited objections filed by the Respondents and the submissions made by the