RAJENDRAN

VS.

COMMISSIONER GENERAL OF EXCISE AND OTHERS

SUPREME COURT
ALUWIHARE, J.
FERNANDO, J.
THURAIRAJA, J.
SC/APPEAL/43/2019
SC/SPL/LA/107/2017
CA/WRIT/62/2014
AUGUST 7, 2020

Power of attorney-Death of one of the grantors- Termination of power of attorney-Power of Attorney Ordinance, No. 4 of 1902, section 2-Liquor licence-Excise Ordinance, No. 8 of 1912, section 56-Locus standi

Three liquor licences were issued in the name of two persons as co- licencees. They jointly appointed the appellant as their power of attorney holder to manage and transact all affairs in respect of the liquor business and the said licence. One of the licencees subsequently died and the licence was issued to the remaining person as the sole licencee. Later, the person who was actually conducting the liquor business was found to be in violation of the provisions of the Excise Ordinance and regulations made there under, and a fine was imposed. The appellant as the power of attorney holder of the licencee challenged this decision by way of a writ application in the Court of Appeal. The Court of Appeal dismissed it for want of focus standi on the part of the appellant. The app