CA arraigns Minister of Ports and Shipping

By S.S. Selvanayagam

The Court of Appeal on 4 December issued notice returnable for 30 January on the Minister of Ports and Shipping in respect of the writ petition filed by parliamentarian Vasudeva Nanayakkara.

The bench comprised Justices L.T.B. Dehideniya (CA President) and Shiran Gooneratne.



The petitioner states that the Minister is in breach of his legal duty by failing to make regulations in terms of the Merchant Shipping Act against the restrictive practices and monopolisation being carried out within the Sri Lankan shipping Industry.

He cited the Minister, Ministry Secretary, Director General of Merchant Shipping Ajith Wickrama Seneviratne and Sri Lanka Ports Authority Chairman Dr. Parakrama Dissanayake as respondents.

The petitioner pleads that the restrictive practices are openly and deliberately being carried out in relation to the carriage of goods by sea in Sri Lanka.

He also pleads that the largest shipping entities are monopolising, combining and conspiring with others to monopolise the carriage of goods by sea to and from Sri Lanka.

He is petitioning Court to issue an order directing the Minister to act in terms of the Merchant Shipping Act and declare it an offence for any person either as a principal or agent to enter into a contract or to be or continue to be a member of or engage in any combination in relation to the carriage of goods by sea to and from Sri Lanka.

Faisz Musthapha PC with Faiza Markar, Akiel Dean and Rajika Aluvihara, instructed by B.S.U. Fernando, appeared for the petitioner.