R.M.C.J Ratnayake vs. Commissioner General of Excise, et al. – CA 505/2008-2008

In the case between R.M.C.J Ratnayake (Dhammika Wine Stores, Wevathenna, Mathurata) and the Commissioner General of Excise and others, the court addressed the lawfulness of the excise authorities’ refusal to permit relocation of the petitioner’s licensed liquor store. It was held that the refusal, based on public protests and regulatory requirements regarding proximity to places of religious worship, was lawful. The court reaffirmed the principle that statutory discretion in licensing must be exercised strictly in accordance with regulatory criteria and public interest considerations. This decision relied on Gazette Regulation R1 and relevant precedent, underscoring that the exercise of administrative discretion cannot disregard statutory restrictions or public opposition.

Sathya Hettig