The JVP’s case against the Sri Lanka Ports Authority (SLPA) and the Dubai-based Serendib Flour Mills (Private) Limited over the setting up of a flour mill in the Prince Vijaya Quay (PVQ) in the Colombo port has taken a surprise turn with Appeal Court judges, S. Sriskandarajah and Upali Abeyrathne who had heard the controversial case calling for a re-trial.

The case is now expected to be taken up in December.

The Serendib Flour Mills previously known as the Gold Coin Flour Mills Lanka (Private) Limited recently completed the mill.

The Sunday Island learns that the decision to set up a three-member bench had been taken after the Appeal Court declared that the judgment would be made on October 15.

But Justice Sriskandarajah has opted not to join the three-member bench which will comprise Justice Abeyrathne, De Abrew and Justice Ranjith Silva.

The Appeal Court heard the case for nearly four years.

The petitioners and the respondents had been summoned by the Court of Appeal on September 15 and told of the decision to reconstitute the bench with an additional judge in the absence of unanimity on the ruling, well informed sources said.

The PVQ transaction was first challenged in court by the Jathika Sevaka Sangamaya (JSS) affiliated to the UNP. The JSS which had categorized the transaction as one of the most corrupt by the Chandrika Kumaratunga administration withdrew its case in March 2003.

Vasudeva Nanayakkara and Nanda Mathew (presently Governor of the Uva Province), too, filed public interest petitions only to quit the battle. But the All Ceylon General Port Employees Union affiliated to the JVP has battled it out for almost four years before the final arguments were heard on August 28th.

Two of the ministers of the then UNP administration who took part in a discussion at `Temple Trees’ with parties to the dispute which decided to direct the JSS to withdraw its case are now holding portfolios in the Rajapaksa administration.

Serendib Flour Mills built inside the Colombo Port investing US$ 56 million was declared opened in May.

Backed by the leading flour millers in the Middle East, National Flour Mills (IIc) of the Al-Ghurair Group, the mills current capacity stands 1000 tons per day. It has planned to increase it by 2,000 metric tons within 2 years.