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| Saturday, 9 August 2003 |
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The Writ application filed by a petitioner against the Commissioner General of Excise and three others to quash the decision of the Commissioner General not to renew the liquor licence issued to him was settled before Court of Appeal Judge Justice K. Sripavan. This followed the decision of Deputy Solicitor General to consider the Petitioner's application of the current year. The petitioner is Velu Samathanam of 38/10, Aniwatte, Kandy. He has appealed against the Commissioner's refusal to renew the liquor licence issued to him in respect of premises No. 232, Iriyagama Peradeniya. The Petitioner is a citizen of Sri Lanka and carried on the business of selling retail liquor at No. 232, Eriyagama, Colombo Road, Peradeniya, in the Yatinuwara Divisional Secretariat area under the name of "Foreign Liquor Shop" from 1986 until the non renewal of the Petitioner's liquor licences from 31-12-95 onwards. Petitioner is aware that by letter dated 5-12-94 the then Commissioner of Excise instructed all Divisional Secretaries/Government Agents not to renew for the year 1995 the Liquor Licences issued for the first time after 1st January 1977. The said instructions and/or Circular is without any just or reasonable basis and has as its primary objective the ulterior motive to wrongfully discriminate against those who have been granted Liquor Licences during the time the previous Government held office prior to 1994. Consequently the said Liquor Licences of the Petitioner were only extended up to 31-12-95 and were not extended thereafter although the Petitioner had all necessary qualifications therefore. The Petitioner made applications for the renewal/extension of the said Liquor Licences for the years 1996, 1997, 1998 and 1999. The Petitioner had all the necessary qualifications to be issued the said Liquor Licences. However the Petitioner was not issued the said Liquor Licences for the above years and no valid reasons therefore was given by any of the Respondents or their predecessors in office. The Petitioner was not issued an application form to apply for the Liquor Licences in 1999. Therefore the Petitioner instituted S.C. (F/R) Application No. 281/99 praying, inter alia, for the issue of the liquor licences for the year 1999. On 25-6-99 the Respondents agreed to grant the said liquor licence to the Petitioner valid upto 31-12-99. Dr. Jayatissa De Costa with D. D. P. Dassanayake and Dushantha Epitawela instructed by Samararatne Associates appeared for petitioner. Deputy Solicitor General A. Gnanathasan appeared for the Attorney General. |
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