Colombo, October 30 (Daily Mirror) – The Court of Appeal has issued an interim order suspending the authorities’ decision to revoke the liquor license granted to Jayantha Malcom Thirimanna for operating a foreign liquor shop in the Mannar area.

The two-judge Appellate Court comprising Justices Sobhitha Rajakaruna and Mahen Gopallawa issued this order following a writ petition filed by Jayantha Malcom Thirimanna challenging the decision of the Commissioner General of Excise and Divisional Secretary Mannar to suspend the liquor license alcoholic. granted to the petitioner.

This interim order will be in effect until December 17.

The Court of Appeal found a prima facie case of illegality directed the issuing of formal notices on the defendants.

The Court further directed the Commissioner General of Excise to complete the inquiry, if any, into the reason for suspension of the licence.

The petitioner stated that he is the legal holder of a retail license for the sale of foreign alcohol (including locally produced malt liquor) that is not consumed on the premises issued pursuant to the provisions of Excise Ordinance no.
1912 (as amended) in respect of premises situated in Mannar.

The petitioner states that following the grant of relevant approvals, the Excise Department has written to the Divisional Secretary, Mannar vide letter dated 26th August, 2024 requesting for issue of FL 04 license along with accompanying AFL 3 license.

The petitioner said an amount of Rs. 13.6 million inclusive of annual excise license fee along with all statutory dues
was duly paid and settled by the petitioner.

The petitioner stated that, following the granting of the said licences, it started its commercial activity on 25 September 2024.

The petitioner states that he was horrified to receive the impugned letter dated 30th September, 2024 issued under the hand of the Commissioner General of Excise to the Divisional Secretary, Mannar.

The petitioner states that the said purported letter unlawfully provides that the petitioner’s FL 4 license shall be temporarily suspended with effect from 30 September 2024 pending a final decision on an investigation to be conducted under Excise Notification 02/2024 regarding to an alleged public opposition.

The petitioner states that ex facie there is no provision for “temporary suspension” of the petitioner’s licenses and closure of the licensed premises pending investigation.

Ronald Perera, PC with Advocate Ruwantha Cooray instructed by N & S Associates appeared for the petitioner.