Warnakulasuriya Joseph Nishantha Peiris vs Commissioner General of Excise and others – CA WRIT APPLICATION NO. 34/2020-2021

In the case between Warnakulasuriya Joseph Nishantha Peiris (Petitioner) and the Commissioner General of Excise, Excise Department of Sri Lanka, and others (Respondents), the court addressed whether the Petitioner was entitled to a Writ of Certiorari to quash the decision to call for fresh tenders for a toddy tavern license, and a Writ of Mandamus to compel the issuance of a license for the year 2020. It was held that the application was futile since the period for which relief was sought had already lapsed, reaffirming the principle that a writ will not issue where it serves no practical purpose, as established in prevailing case law. The decision underscored the obligation for objections to be assessed on their merits in future applications and clarified that refund of the Petitioner’s d