IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.5195 of 2010 Between: Kollapanaidupalli Toddy Tappers Cooperative Society, Kollapanaidupalli, Chejerla Mandal, Sri Potti Sri Ramulu Nellore District, rep. by its President N.Venkateswarlu. ..... Petitioner AND 1.The Prohibition & Excise Superintendent, Gudur, Sri Potti Sri Ramulu, Nellore District. .....Respondents Counsel for the Petitioner: Sri Ch.C.Krishna Relddy Counsel for Respondent Nos.1 to 3: AGP for Prohibition & Excise The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3, in preventing respondent No.4 from tapping the toddy trees, as illegal and arbitrary. I have heard Sri Ch.C.Krishna Reddy, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Prohibition and Excise, appearing for respondent Nos.1 to 3. In the manner in which this Writ Petition is proposed to be disposed of, it is not necessary to issue notice to respondent No.4 The petitioner, who is a Toddy Tappers Cooperative Society of Kollapanaidupalli, Chejerla Mandal, Nellore District, filed this Writ Petition with the grievance that though it has submitted representation, dated 04-02-2010, to respondent No.1 against the illicit tapping of toddy trees, allotted to it, by respondent No.4, the former has not taken any action so far. Needless to observe that it is not permissible for any person other than the licensee, in whose favour the trees are allotted, to tap toddy therefrom. If the complaint of the petitioner- Society, that respondent No.4 has been tapping the toddy trees allotted to it, is correct, there is no reason for respondent Nos.1 to 3 not to take action against respondent No.4. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.1 to consider the petitioner’s representation, dated 04-02- 2010, and take appropriate action in accordance with law. As a sequel to disposal of the Writ Petition, WPMP.No.6690 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 5th March, 2010 lur