Vasu vs. Shipping Minister over liberalisation: CA fixes Writ Petition for 19 March

By S.S. Selvanayagam

The Court of Appeal on 30 January fixed for 19 March the Writ Petition filed by MP Vasudeva Nanayakkara arraigning the Minister of Ports and Shipping.

The Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gooneratne.

The Petitioner alleges that the Minister is in breach of his legal duty by failure to make regulations in terms of the Merchant Shipping Act against the restrictive practices and/or monopolisation being carried out within 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 restrictive practices are openly and deliberately being carried out in relation to the carriage of goods by sea in Sri Lanka.

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

He is seeking the Court to issue an order directing the Minister to act in terms of the Merchant Shipping Act and declare it as an offence for any person either as principal or agent to enter into 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.

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