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2025 Supreme(SRI)(CA) 751

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Mayadunne Corea, Mahen Gopallawa, JJ
Ven. Buddama Nandasara Thero and others – Appellant
Versus
Commissioner General of Excise and others. – Respondent


Advocates:
Saman Liyanage with Krishan Elpitiya instructed by Optima law Associates for the Petitioners. Optima Law Associates for the Petitioners.
Prabhashanee Jayasekara, S.C. for the 1st to 8th Respondents.
Shantha Jayawardena with Hirannya Damunupola and Tharuka Ranathunga for the 9th Respondent

Mayadunne Corea, J.

The Petitioner seeks, inter alia, the following reliefs:

“b) Grant and issue a mandate in the nature of a Writ of Certiorari quashing the decision of the 01st to 08th Respondents to grant a liquor license to 09th Respondent to run a liquor shop in the Sathosa building in question or to renew the liquor license of the 09th Respondent to run a liquor shop in the said Sathosa building in question as contained in the document marked P30.

c) Grant and issue a mandate in the nature of a Writ of Prohibition preventing the 01st to 08th Respondents from issuing and or renewing a liquor license to the 09th Respondent periodically to run a liquor shop in the said Sathosa building in question.

d) Grant and issue a mandate in the nature of Writ of Mandamus directing the 01st to 08th Respondents to hold a proper and impartial inquiry into the complaints and objections made by the Petitioners against the issuing or renewing of the liquor license to the 09th Respondent to run a liquor shop in the said Sathosa building in question.”

The facts of the case briefly are as follows. The 9th Respondent had made an application to the 1st Respondent to obtain a liquor license on 23.04.2021.

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