Mudiyanse v. Christie Silva, Government Agent, Hambantota – sllr 1985 volume 2 page 052

In the case between Mudiyanse (appellant) and Christie Silva, Government Agent, Hambantota (respondent), the court addressed whether the cancellation of the appellant’s excise liquor license was a lawful exercise of power under Section 28A(1) of the Excise Ordinance, as amended by Excise (Amendment) Law No. 24 of 1977, and whether the correct respondent in the writ proceedings was the Government Agent or the Minister of Finance. It was held that the cancellation was effected under a direction from the Minister of Finance, not by any independent action of the respondent. The proceedings established that the Government Agent acted as required by ministerial directive and lacked discretion in the decision. Therefore, the writ of certiorari should have been sought against the Minister of Finan