H. R. Gardiye Punchihewa & H. F. S. Gunasiri Fonseka vs D. G. M. V. Hapuarachchi – CA 64/2009-2013

In the case between H. R. Gardiye Punchihewa and H. F. S. Gunasiri Fonseka (Petitioners) and D. G. M. V. Hapuarachchi, Commissioner General of Excise, among others (Respondents), the court addressed whether the Petitioners were entitled to Writs of Certiorari and Mandamus compelling the Excise authorities to issue or endorse a liquor license for 2009. It was determined that the refusal by the Excise authorities to renew the license, on the basis of the alleged breach of statutory distance rules separating liquor outlets from schools and religious places, was undertaken without affording the Petitioners a fair hearing or proper inquiry. The principle reaffirmed was that adherence to natural justice and procedural fairness is mandatory in administrative decision-making affecting rights and l

REF: CA 64/2009-2013 Category: Tag:
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