The Court of Appeal on Friday granted an interim restraining order, temporarily halting the enforcement of two letters issued by the Excise Department on July 24, which called for the temporary closure of two liquor stores in Homagama. The order was made in response to two writ petitions challenging the department’s decision.
The interim restraining order was issued after the Court of Appeal Judge Sobitha Rajakaruna considered the arguments presented by Ronald Perera PC, who represented the petitioners. The petition was filed by D.N. Sameera Attanayake, the owner of NAS Homagama Wine Stores, and P.M. Jayasundara, the owner of Kandalanda Wine Stores.
The Commissioner General of Excise and the Divisional Secretary of Homagama were named as respondents in the petitions. The petitioners said that they operate licensed liquor shops under the Excise Ordinance.
According to the petitioners, on July 24, a group of officers, including the Station Commander of the Excise Office in Padukka, visited their establishments and verbally ordered them to close the Wine Stores temporarily. The petitioners objected, saying they needed a written order to comply with it.
Later that evening, the petitioners received a letter from the Commissioner General of Excise, sent to the Homagama Divisional Secretary, instructing the temporary closure of their businesses pending an investigation on the objections raised by the petitioners. Ronald Perera, representing the petitioners, said that his clients were operating their businesses lawfully with valid licences and had not violated any regulations of the Excise Act. He called upon the court to invalidate the closure order, describing it as illegal and arbitrary. After considering the facts, the Court issued an interim restraining order. The Court of Appeal has scheduled a reconsideration of the petitions for September 30.
The petitions come amid opposition to the liquor stores from various local groups, including the Homagama Development Committee, led by Minister Dr. Bandula Gunawardena, as well as the Homagama Shasanarakshaka Mandalaya, and local public and farmer organisations.
Sanath Wijewardena, Ronald Perera, along with lawyers Ruwantha Cooray and Josha Moraes, represented the petitioners. Deputy Solicitor General Suranga Wimalasena appeared on behalf of the Attorney General.
