WP/24378/2004 of The Mallanur Toddy Tappers Co-operative Society Ltd., Vs Superintendent of Prohibition AND Excise, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24378 of 2004

Between:

The Mallanur Toddy Tappers Co-operative Society Limited, (Regd.C.R.No.244),Mallanur village and post, Kuppam Mandal, Chittoor Dist., rep.by its PresidentK.Narasimhulu, S/o.Sundara Rajulu, Age:35 Yrs., R/o.Mallanur village and post,Kuppam Mandal, Chittor District.

..... PETITIONER

AND

The Superintendent of Prohibition and Excise, Chittoor, Chittor District.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ, direction or order more particularly one in the nature of writ ofMandamus directing the respondent and Excise officials or outsiders not tointerfere with the smooth functioning of the petitioner society and its membersby way of exerting undue influence and pressure for increasing the membershipstrength beyond its present capacity.

Counsel for the Petitioner: MR.K.SRINIVASA VARADA CHARY

Counsel for the Respondent: GP FOR PROHIBITION & EXCISE

The Court at the stage of admission made the following ORDER:

Petitioner is a toddy tappers Co-operative Society of Mallanur village, Kuppammandal, Chittoor district. Its grievance is that the respondent is exertingpressure upon it, to admit new members and is interfering with the smoothfunctioning of the Society. In the affidavit filed in support of the writ petition, it isstated that the trees available for tapping in the village are very limited and itwould not be economical for any member, if any addition is made to the existing12 members of the Society.

Heard learned counsel for the petitioner and learned Government Pleader forProhibition & Excise.

The formation and administration of toddy tappers Co-operative Societies isgoverned by the provisions of the A.P. Co-operative Societies Act, the A.P.Excise Act, the Rules made there under and the policy issued by theGovernment from time to time. Each Society has an area of operation andpersons, who acquire the requisite qualifications, are entitled to be admitted asmembers. Section 19 of the A.P. Co-operative Societies Act deals with theprocedure for admission of new members. The question as to whether thereexist any eligible candidates to be admitted and whether the policy of the day,permits of such admission, needs to be considered as and when situationarises. The opinion and views of the petitioner would certainly be taken intoaccount before it is required to admit any member. If the petitioner feelsaggrieved by any order in this regard, it can certainly avail the necessaryremedies.

For the foregoing reasons, the writ petition is disposed of directing that anyaction against the petitioner, be it as regards admission of new members orotherwise, shall be strictly in accordance with the relevant provisions of lawand after giving an opportunity to the petitioner. There shall be no order as tocosts.

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28.12.2004

Note:

Issue CC in two days.

(BO)ksld

To

1 The Superintendent of Prohibition and Excise, Chittoor, Chittor District.

2 Two C.Cs. to the Government Pleader for Prohibition and Excise,High Court Buildings, A.P., Hyderabad (OUT).High Court Buildings, A.P., Hyderabad (OUT).

3 Two C.D. Copies.