Mrs. I. L. Malani de Silva vs. The Commissioner General of Excise and Mrs. Buddhika Ruwani Samarathunga – CA WRIT APPLICATION NO : 0445/2020-2021

In the case between Mrs. I. L. Malani de Silva (Petitioner) and The Commissioner General of Excise, Department of Excise, and Mrs. Buddhika Ruwani Samarathunga, Divisional Secretary, Bandaragama Divisional Secretariat (Respondents), the court addressed whether an existing beer shop license holder is entitled to relocate her business without the requirement of further public objections under Rule 13(f) of Excise Notification No. 902, and whether the actions of the Excise authorities in invoking this rule constituted a lawful exercise of power. It was held that Rule 13(f) applies exclusively to new applicants, not existing licensees seeking relocation, and that writs of Mandamus or Prohibition were not appropriate prior to a final refusal. The principle reaffirmed is that administrative acti