IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 24219 of 2007 Between: M.Ramachandran, S/o Muniratnam, R/o Adavibuduguru Village, Kuppam Mandal, Chittoor District. ..... PETITIONER AND 1 The State of Andhra Pradesh, represented by its Secretary, Revenue (Excise II) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Hyderabad. 3 The Prohibition & Excise Superintendent, Chittoor District, Chittoor. 4 The District Collector, Chittoor District, Chittoor. 5 The Prohibition & Excise Inspector, Kuppam, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in proposing to permit new toddy shops in Gundlamadugu and Kottaluru Villages, within 2 km., of the petitioners toddy shop as illegal, arbitrary and contrary to the provisions of the A.P. Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules 2007 and the guidelines issued in the proceedings of the 2nd respondent dt.19-09-07 and consequently direct the respondents not to permit establishment of new toddy shops within 2 km., of the petitioners toddy shop and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:M/S INDUS LAW FIRM Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 24219 of 2007 ORDER: This writ petition is by a person asserting to be the President of the Adavibuduguru Toddy Tappers Cooperative Society. Apprehending that the respondents are proposing to permit new toddy shops in Gundlamadugu and Kottaluru Villages within 2 km of the Society’s toddy shop, contrary to the provisions of the A.P. Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 and the guidelines issued in the second respondent’s proceedings dated 19.9.2007, the writ petition is filed. The Rules and the guidelines issued by the 2nd respondent prohibit establishing of a new toddy shop within two kilo meters from an existing shop. It is pleaded in the writ petition that the Toddy Tappers Cooperative Society, of which, the writ petitioner is the President was issued a licence to run a toddy shop at Adavibuduguru Village, Kuppam Mandal, Chittoor District. In the light of the pleadings, the grievance as to the establishment of any new toddy shop within the prohibited two kilo meters distance, can only be that of the Toddy Tappers Cooperative Society and not of the petitioner in his individual capacity. The Toddy Tappers Cooperative Society is not the writ petitioner. Hence, the writ petition is not maintainable and is accordingly dismissed. It is however open to the Toddy Tappers Cooperative Society concerned to pursue appropriate remedies, if it so desires. No costs. ____________________ GODA RAGHURAM,J DATE: 23rd June, 2008 pnb To 1 The Secretary, Revenue (Excise II) Department, State of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Hyderabad. 3 The Prohibition & Excise Superintendent, Chittoor District, Chittoor. 4 The District Collector, Chittoor District, Chittoor. 5 The Prohibition & Excise Inspector, Kuppam, Chittoor District. 6 2 CCs to G.P. for Prohibition & Excise, High Court Buildings, Hyderabad. 7 2CD copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER