IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writs of Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri CA WRIT APPLICATION Lanka.

NO. 410 /2017 A Sritharan, No.33 5/3, Boswell Place, Colombo 06.

Petitioner -Vs-

1. K.H.A. Meegasmulla, Commissioner General of Excise, Excise Department, 34 W.A.D. Ramanayake Mawatha, Colombo 02.

2. Wasantha Dissanayake, Deputy Commissioner of Excise (Revenue), Excise Department, 34 W.A.D. Ramanayake Mawatha, Colombo 02.

3. N. Sothinathan, Assistant Commissioner of Excise (Northern Province 1)

4. Anton Yogarajah, Divisional Secretary - Nallur, Divisional Secretariat, Nallur.

Respondents Before: C.P. Kirtisinghe - J.

R. Gurusinghe - J.

Counsel: Ronald Perera, PC with Chandimal Mendis instructed by Sandun Gamage for the Petitioner.

S. Wimalasena, DSG for the 1^st to 3^rd Respondents.

Argued on: 10.03.2023 Decided On: 27.06.2023 C. P. Kirtisinghe - J.

The Petitioner is seeking for a mandate in the nature of a Writ of Mandamus directing the Respondents to issue a requisite application form for the transfer of a liquor license issued in the name of the Petitioner, for a mandate in the nature of a Writ of Mandamus directing the Respondents to issue and transfer the liquor license in the name of the Petitioner to business premises No. 48, 48A, Palali Road, Thirunelweli, Jaffna, and for the interim relief prayed for in the prayer to the petition.

The facts of the case can be summarized as follows. The Petitioner has carried on a retail liquor business at No. 54, Palali Road, Thirunelweli, Jaffna since 2010. The 1^st Respondent is the Commissioner General of Excise and the head of the Department of Excise and the 2^nd and 3^rd Respondents are his subordinates. The 4^th Respondent who is the Divisional Secretary of the area is exercising the delegated functions of the 1^st Respondent. The Petitioner was summoned by the Terrorist Investigation Division on or about 28.02.2015 to record a statement and according to the Petitioner, was informed that the property No. 54, Palali Road, Thirunelweli, Jaffna had been owned by a person who was alleged to have had links with the LTTE. Petitioner states that he was a bona fide purchaser of the property and he had no link, connection or association with the LTTE. On 29^th August 2016 the predecessor in office of the 1^st Respondent had issued the letter marked P9 cancelling the liquor license issued to the Petitioner citing the provisions of the Gazette Extraordinary No. 1721/2 dated 29.08.2011 which is marked P10. The Petitioner states that he made several appeals both verbally and in writing to transfer the liquor license to another premises owned by the Petitioner in close vicinity to the present business premises. The Petitioner states that he had a legitimate expectation to the effect that the liquor license issued to carry on business at the present business premises will be transferred to the other premises owned by the Petitioner. Petitioner states that this liquor license was originally transferred from Giriulla to the present locality. The Petitioner states that the new address conforms to all requirements of the Excise Ordinance and the rules promulgated there under and published in the Gazette marked P7 and therefore he had a legitimate expectation to carry on his business at the new place. The Petitioner had requested for a requisite application form for the transfer of the liquor license to the new premises but the Petitioner has not received the requisite application form despite many requests. Petitioner had sent the letter marked P12 to the 1^st Respondent through his attorney-at-law but neither the Petitioner nor his attorney-at-law has received any response. The Petitioner states that the refusal to transfer the aforesaid liquor license to a new business premises and the refusal to issue the requisite application form for the transfer of th