Back
2025 Supreme(SRI)(CA) 744
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 Certiorari and Prohibition in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
1. Mihindukulasuriya Marian Pradeepa Fernando, 2. Salpadoruge Praboth Dinuwantha Perera, 3. Salpadoruge Nethmi Kawshalya Perera, 4. Salpadoruge Parami Thimansa Perera, All of Coolman Ice Factory 1056, Pitipana, Negombo.
CA/ WRIT/ 573/2025 Petitioners Vs.
1. Peliyagoda Madyama Mathsya Welandapola Sankeeranaya Kalamanakarana bhaaraya, Peliyagoda Central Fish Market Complex, Peliyagoda.
2. Sampath Manthrinayake Chairperson of the Peliyagoda Central Fish Market Complex Management Trust, Secretary to the Ministry of Aquatic Resources, New Secretariat, Maligawatte, Colombo 10.
3. S.J. Kahawaththa Member of the Management Trust, Director General, Ministry of Fisheries and Aquatic Resources, Maligawatta, Colombo 10.
4. Eng. Lalith Liyanage Member of the Management Trust, General Manager, Ceylon Fisheries Corporation, No. 1384, Rock house Lane, Mutwal, Colombo 15.
5. J.A.D.G.S. Ranasinghe Member of the Management Trust, Divisional Secretary, Kelaniya Divisional Secretariat, No.23/5D, Bangalawaththa road, Kadawatha.
6. J.M. Thilakarathna Bandara Member of the Management Trust, Director General, Consumer Affairs Authority, C.W.E. Secretariat Building, No. 27, Vauxhall Street, Colombo 02.
7. Jayasiri Wickramarachchi Member of the Management Trust, Chairman, Peliyagoda Madyama Mathsya Welanda Wiyaparakayinge Sangamaya, (පෑලියග ොඩ මත්්a ගළඳ ළaපපපකයනයගේගස ්ම මය), Peliyagoda Central Fish Market Complex, Peliyagoda.
8. N. Gamini De Silva Member of the Management Trust, Sri Lanka National Co-operative Society, (ᮝᯝ කමනප තපක න ්පකපනපස ්ම මග ්භපපක )
No. 190, Kudapaduwa, Negambo.
99. H.M.B. Ekanayake Member of the Management Trust, Chairman of Kolamba Paribogika Sangamaya, (ගනොඳඹ පපකයගභෝගින ්ම මය)
E/2/4/1, Maligawatte, Colombo 10.
1010. H.A.Chadimal Fernando Member of the Management Trust, Assistant Director, Department of State Enterprise, Dr. Wijewardena Mawatha, Colombo 10.
1111. B.H.M.D. Herath Member of the Management Trust, Director (planning), Ministry of Trade, No. 492, R.A. De Mel Mawatha, Colombo.
1212. Dr. Inoka Suraweera Member of the Management Trust, Public Health Specialist, Ministry of Health, No. 385, Rev. Baddegama Wimalaratne Mawatha, Colombo 10.
1313. Prof.Thilak Hewawasam Member of the Management Trust, Chairman, Central Environment Authority, No. 104, Denzil Kobbekaduwa Mawatha, Sri Jayawardenapura Kotte.
1414. Kushlani Tharanga Gamlathge Member of the Management Trust, Secretary, Urban Council of Peliyagoda, Peliyagoda.
1515. H.S. Hathurusinghe Member of the Management Trust, Representative of the Minister of Fisheries and Aquatice Resources, New Secretariat, Colombo 10.
1616. Deputy Director Ministry of Finance and Planning, මුදල් හප ᭕ฎම ්්පපපද මමප්aමයෛග නිගයෝතa ම්aක්ෂ, Member of the Management Trust, The Secretariat, Colombo 01.
1717. Chief Accountant Ministry of Economic Development, Member of the Management Trust, The Secretariat, Colombo 01.
1818. Senior Assistant Secretary Ministry of Co-operative and Internal Trade, Member of the Management Trust, No. 27, CWE Secretrarial Building, Vauxhall Street, Colombo 02. 19. Deputy Director General Public Health Services, Ministry of Health, Member of the Management Trust, No. 385, Rev. Baddegama Wimalaratne Mawatha, Colombo 10.
2020. Deputy Director General Environment Pollution Control Unit, Central Environmental Authority, Member of the Management Trust, No. 104, Denzil Kobbekaduwa Mawatha, Battaramulla.
2121. Chairman of the Peliyagoda Urban Council Member of the Management Trust, Peliyagoda Urban Council, Peliyagoda.
2222. Chairman of Sri Lanka National Co-
operative Society (ᮝᯝ කමනප තපක න ්පකපනපස ්ම මග ්භපපක )
No. 190, Kudapaduwa, Negambo.
2323. N.A.A.P.S. Nissanka Acting Manager, Peliyagoda Central Fish Market Complex, Information Officer, Additional Secretary (Administration), Ministry of Fisheries and Aquatic Resources, New Secretariat, Maligawatte, Colombo 10.
2424. Lanka East Coast Ice Company (Private)
Limited
370, Kandy Road, Andamkulam, Trincomalee.
2525. Lanka Ice Company (Private) Limited No. 38, Station Road, Wattala.
Respondents Before : Dhammika Ganepola, J.
Adithya Patabendige, J.
Counsel : Manohara de Silva, PC with Chandana Wijesooriya instructed by Nilanga Perera for the Petitioner.
Sumathi Dharmawardhana, ASG, PC with Pulina Jayasooriya, SC for the 1st – 23rd Respondents.
Suren Gnanaraj with Amindri Sinnathamby instructed by Tharushika Fernando for the 24th Respondent.
Rukshan Senadheera instructed by Amila Kumara for the 25th Respondent.
Supported on : 2025.07.16, 2025.07.29 Written Submissions : Petitioners : 11.08.2025 tendered on 24th Respondent : 07.08.2025 Ordered on : 2025.10.31
Dhammika Ganepola, J.
In the instant application the Petitioners seek inter alia Writs of Certiorari quashing the decision reflected in the letter dated 06th February 2025 marked X4 and the decision reflected in the letter dated 06th February 2025 marked X6 requesting the 25th Respondent to supply ice instead of the Petitioner and Writ of Prohibition prohibiting the 2nd Respondent and several other Respondents from making any further order for cancellation of the award made in favour of the Petitioner.
The Salpadoruge Asiri Dimuthu Perera (hereinafter sometimes referred to as the Deceased), the husband of the 1st Petitioner and the father of the 2nd, 3rd, and 4th Petitioners, who had passed away on 7th April 2025, had been the sole proprietor of the business operating under the name “Coolman Ice Factory”. The Petitioners claim that the rights and interests of the said business devolved upon them as heirs by operation of law.
The Deceased, the 24th Respondent Company, and the 25th Respondent Company had been eligible to submit bids in respect of the tender to supply ice to the Peliyagoda Fish Market Complex for the period of two years from 2024 to 2026. Out of the above, the Deceased and the 25th Respondent had selected as the successful bidders, and the tender had been awarded to them. After the lapse of five months from the awarding of the tender and while the supply was in process, the 24th Respondent had instituted the Writ application bearing No. CA/WRIT/647/24 before this Court, seeking inter alia an order to quash the decision to award the said tender to the Deceased and an order appointing the said Respondent as a supplier of ice. The basis of the said application had been that the said Deceased failed to submit financial statements certified by a chartered accountant as required by the tender conditions in submitting his bid. Upon hearing the parties, formal notices and an order to maintain the status quo had been issued in the said application. At the time the status quo order was issued, the Deceased had been supplying ice to the Fish Market.
While the matters remained as such, the 2nd Respondent has sent the letter dated 06th February 2025 (X4) to the Deceased informing that the said ice supply by the Deceased has been suspended with effect from 07th February 2025 in terms of the Order made by the Court of Appeal and awarding the 25th Respondent the tender to supply ice. The Petitioners state that the Court of Appeal had at no time made any order suspending or cancelling the award made to the Deceased, and further, the 2nd Respondent had no power or authority or jurisdiction to suspend the contract of the Petitioner. Accordingly, on the grounds mentioned above, the Petitioners seek the reliefs prayed for in the Petition.
When this application was taken up for support on 16th and 29th July 2025, the Respondents raised several preliminary objections, including the lack of locus standi of the Petitioners to maintain the application.
It is on the common grounds that the Salpadoruge Asiri Dimuthu Perera, the Deceased, was the sole proprietor of the business operating under the name “Coolman Ice Factory” to which the tender was awarded. The position of the Petitioners is that upon the death of the said Salpadoruge Asiri Dimuthu Perera, the said sole proprietorship devolved on his heirs (the Petitioners) by operation of law.
However, the Respondents argue that once a sole proprietor dies, the business does not continue and cannot be inherited by heirs in law, as such a proprietorship lacks a separate legal personality from its owner. Therefore, the impugned tender awarded to the Deceased under the name of “Coolman Ice Factory” ceases to have any effect and ends with the death of said Salpadoruge Asiri Dimuthu Perera.
A sole proprietor is a person who owns a business single-handedly, and thereby any liability arising out of it will be construed as their liability without having a perpetual succession. Dr Wickrema Weerasooriya, in h
