Waduthanthrige Leo Merril De Alwis vs. K. G. Dharmathilake – CS FR Application 710/2012-2023

In the case between Waduthanthrige Leo Merril De Alwis (Petitioner) and K.G. Dharmathilake (Divisional Secretary) and others (Respondents), the court addressed the issue of whether the tender awarding process for excise licensing, specifically for the operation of a toddy tavern, complied with constitutional and statutory requirements, and whether the petitioner’s application claiming violation of fundamental rights under Articles 12 and 126 of the Constitution was filed within the requisite time period. It was held that the tender was lawfully awarded, and the petitioner’s application was time barred under Article 126(2). The principle reaffirmed is that strict compliance with procedural time limits is mandatory in claims arising under the Constitution, with particular reference to the ne