IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Writs of Certiorari and Prohibition under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka Court of Appeal Case No.

CA/WRT/185/2020

1. Wikiliya Plantations (Pvt) Ltd., Depelamulla, Balangoda.

2. Sesame Senhora Tea Company (Pvt) Ltd., New Hopewell Tea Factory, Kirimatetanne, Balangoda.

3. Sanrose Teas (Pvt) Ltd., Dartry Valley Tea Factory, Nuwara Eliya Road, Angammana, Gampola.

4. Yara Valley (Pvt) Ltd., New Mount Carmel Tea Factory, Ambalakanda, Aranayake.

5. Harangalla Plantation (Pvt.) Ltd.

Harangalla Tea Factory, Kataboola, Nawalapitiya.

Petitioner Vs.

1. Sri Lanka Tea Board, No.574, Galle Road, Colombo 3.

2. Jayampathy Molligoda, Chairman, Sri Lanka Tea Board, No.574, Galle Road, Colombo 3.

3. Anura Siriwardena, Director General, Sri Lanka Tea Board, No.574, Galle Road, Colombo 3.

4. E. A. J. K Edirisinghe, Tea Commissioner Sri Lanka Tea Board, No.574, Galle Road, Colombo 3.

Respondents Before: M. T. MOHAMMED LAFFAR, J.

Counsel: Romesh De Silva P.C. with Laxman Perera P.C.

Hiran Anketell for the Petitioner.

Milinda Gunathilake ASG for the Respondents.

Argued on: 01-02-2022 Decided on: 01-08-2022 MOHAMMED LAFFAR, J.

This matter has connected with the factual circumstances enumerated in CA/Writ/184/20 and accordingly both matters were taken up for argument together.

The Petitioner in this application has invoked the supervisory jurisdiction of this Court under Article 140 of the Constitution seeking, inter alia, for the following reliefs:

a. Grant and issue a mandate in the nature of a Writ of Prohibition restrain the 1 to 4 Respondents their servants, agents, Officers and those hold through or under them from taking any action whatsoever to cancel and suspend the registration of any one and/or more of the five tea factor namely Wikiliya Tea Factory, New Hopewell Tea Factory, Dartry Valley Tea Factory, New Mount Carmel Tea Factory and/or Harangalla Tea Factor owned and/or controlled by the Petitioner companies without conducting due and proper inquiry in which the Petitioner is properly heard;

b. Grant and issue a mandate in the nature of a Writ of Prohibition restraining the 1 to 4 Respondents their servants, agents, Officers and those holding through or under them from taking any action whatsoever to cancel and/or suspend the registration of any one and/or more of the five tea factories namely Wikiliya Tea Factory, New Hopewell Tea Factory, Dartry Valley Tea Factory, New Mount Carmel Tea Factory and/or Harangalla Tea Factory owned and/or controlled by the Petitioner companies on the basis of the samples already taken and/or caused to be taken by the 1 to 4" Respondents as pleaded hereinabove;

c. Grant and issue a mandate in the nature of a Writ of Prohibition restraining the 1 to 4" Respondents their servants, agents, Officers and those holding. through or under them from taking any action whatsoever to cancel and/or suspend the registration of any one and/or more of the five tea factories Tamely Wikitiya Tea Factory, New Hopewell Tea Factory, Dartry Valley Tea Factory, New Mount Carmel Tea Factory and/or Harangalla Tea Factory owned and/or controlled by the Petitioner companies until the security and/or integrity and/or chain of custody of any samples if any taken from the aforesaid factories could be safeguarded and assured in accordance with best practices and standards d. Grant and issue a mandate in the nature of a Writ of Prohibition restraining the 1 to 4 Respondents their servants, agents, Officers and those holding through or under them from taking any action whatsoever to cancel and/or suspend the registration any one and/or more of the five tea factories namely Wikiliya Tea Factory New Hopewell Tea Factory, Dartry Valley Tea Factory, New Mount Carmel Tea Factory and/or Harangalla Tea Factory owned and/or controlled by the Petitioner companies on the purported basis that any one and/or more of