IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3839 of 2008 Between: 1 Naramala Malyadri S/o.China Kondaiah, R/o.East Yerraballi Village, Kondapuram Mandal, Nellore District. 2 Mukku Malyadri S/o.Mala Kondaiah, R/o.East Yerraballi Village, Kondapuram Mandal, Nellore District. ..... PETITIONERS AND 1 The District Collector-cum-Election Authority, Nellore, Nellore District. 2 The Prohibition and Excise Superintendent and Ex-Officio Deputy Registrar of Co-op. Societies, Nellore, Nellore District. 3 The Person Incharge-cum-Proh. and Excise Sub-Inspector, East Yerraballi Primary Co-op. Toddy Tappers Society, Vinjamuru, Nellore District. 4 The Election Officer & Excise Inspector, Vinjamuru, Nellore District. .....RESPONDENTS Counsel for the Petitioners:MR.A.V.V.S.N.MURTHY Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in not conducting any enquiry or passing orders on representation, dated 05.11.2007 submitted by the petitioners and proceeding further to conduct elections of the society, namely, East Yerraballi Primary Co-op. Toddy Tappers Society, East Yerraballi Village, Kondapuram Mandal, Nellore District on 28.02.2008 as illegal and arbitrary. The petitioners also sought for a consequential direction to the respondents to dispose of representation, dated 05.11.2007. At the hearing, the learned Assistant Government Pleader for Prohibition and Excise submitted that the elections to the above- mentioned society were held on the scheduled date, namely, 28.02.2008. Sri A.V.V.S.N.Murthy, learned counsel for the petitioners, however, submitted that the action of the society in removing the petitioners from its membership is wholly illegal as the same was not preceded by any notice nor the petitioners were communicated with any order. I have examined the said contention and I am of the view that against the order of removal of the petitioners, they have an effective remedy of appeal to the Tribunal under Section 76(1) of the Andhra Pradesh Cooperative Societies Act, 1964. The writ petition is, therefore, disposed of with liberty to the petitioners to file appeal within a period of four (4) weeks from today and if such appeal is filed within the stipulated time, the Tribunal shall dispose of the same on merits without raising any objection on the issue of limitation. As a sequel to disposal of main petition, WPMP.No.5014 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 24th APRIL, 2008 Note: issue c.c. in five(5) days. B/o kvni