Widow files writ petition in CA over beer shop licence

By S.S. Selvanayagam

A widow with two children filed a writ petition in the Court of Appeal seeking to transfer the beer shop licence of her late husband to her name to operate it at the same premises.

Muttiah Abmigapathy, spouse of the late Kaliappan Shanmuganadan, cited the Commissioner General of Excise, Assistance Commissioner of Excise (Revenue), Mundel Divisional Secretary A.M.C.M. Premasuriya and the Attorney General as Respondents.

She laments the respondents have arbitrarily and illegally failed to carry out their duties according to the law which amounts to a violation of her rights.

She said her late husband operated a beer shop in Udappuwa from 1999 and consequent to his death the Commissioner General of Excise informed the Divisional Secretary to issue a licence in her name valid from 27 January to 28 February 2017.

The petitioner states that being the owner’s lawful wife, she made an application to the Commissioner General of Excise to have the license registered in her name with the consent of her two children.

The application for the transfer of the license has been approved by Chilaw Excise Station OIC, the Excise Department of Chilaw and the Assistant Commissioner of Excise (Wayamba II) but the Divisional Secretary would not approve the transfer.

The petition is to be supported by Ranil Samarasuriya, with Didula Rajapaksha, instructed by Upamalika Liyanage.