Ven. Kithalagama Hemasara Thero & Others v. H.G.Sumanasinghe & Others – CA WRIT APPLICATION NO.312/2019-2022

In the case between Ven. Kithalagama Hemasara Thero and others (Petitioners) and H.G. Sumanasinghe (Commissioner General of Excise) and others (Respondents), the court addressed the lawfulness of the relocation of a FL-4 liquor license from Ganegoda, Galle to Maharagama. It was held that the decisions authorizing the relocation were ultra vires, as Excise Notification No. 902 prohibits transfer of liquor licenses between different Divisional Secretariat Divisions except in narrowly defined circumstances, none of which applied. The holding reaffirmed the principle that excise authorities must strictly adhere to statutory notifications, emphasizing that administrative actions are void if done in excess of legal authority. Relevant case law and public interest considerations on locus standi s