Thanjavur District Tree Climbing Workers Welfare Association v. The Senior Inspector/Licensing Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Thanjavur District Tree Climbing Workers Welfare Association, (Reg. No.46/2003), Represented by its President R.Stalin, S/o.Rajaiah, Rajaji 1st Street, Thillai Nagar, Thanjavur Town-613 006, .... Petitioner Vs 1 The Senior Inspector/Licensing Authority, Prohibition Wing, Office of the District Collector, 2 The Assistant Director Khadi and Village Industries, No.214, Khadi Kraft, Nanjikottai Road, Thanjavur - 613 006 3 The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Thanjavur Range, Thanjavur.
4 The Superintendent of Police Office of the Superintendent of Police, Thanjavur District 1/6
5 The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Vallam Sub Division, Tamil University, Thanjavur District-613 010 6 The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvaiyaru Sub Division,
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents and their men, agents from anyway interfering with the rights of the members of petitioner's Association in exercising the right to take Palm Water (Padani) from the Palm Trees and sell the same to the public by considering the petitioner's representation dated 29.01.2024.
For Petitioner : Mr.K.M.Karunakaran For R1 & R2 : Mr.D.Gandhi Raj Special Government Pleader For R3 to R6 : Mrs.M.Aasha Government Advocate (Crl.side)
O R D E R
This writ petition has been filed for a direction forbearing the respondents from anyway interfering with the rights of the members of petitioner's Association in exercising the right to take Palm Water (Padani) from the Palm Trees and sell the same to the public. 2/6
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner's association consisting several members. The members of the petitioner are extracting the Palm Water (Padani) and sell the same to the general public for the past several years. However, the police personnels used to interfere with the peaceful conduct of their business and also harassing them in the guise that they are selling Toddy. Therefore, the petitioner submitted a representation to all the officials restraining the police personnels not to interfere with the peaceful conduct of the business.
4. The similar issue was already dealt with by this Court in W.P(MD)No.2655 of 2013 and by an order dated 14.03.2013 this Court held as follows:- "5. The members of the petitioner association have every right to do the business in extracting palm juice on the strength of the license issued by the licensing authority. In case the licensees are doing the business of extraction of palm juice on the strength of the license, the police cannot interfere in such business. However, under the guise of extracting palm juice, in case the licensees are involving in the business of toddy, necessarily the police would interfere. I therefore 3/6
clarify the position very clear that so long as the business is confined to extraction of plam juice on the strength of licences, the police has no right to stop the licensees from doing such business. The said protection would not be available in case the licensees started selling toddy, misuing the license given to them."
5. In view of the above, the police personnel has no right to stop the licensees from doing the business of selling Palm Water (Padani) to general public.
6. With the above direction, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 24.01.2025 Speaking/Non Speaking order am 4/6
To 1 The Senior Inspector/Licensing Authority, Prohibition Wing, Office of the District Collector, 2 The Assistant Director Khadi and Village Industries, No.214, Khadi Kraft, Nanjikottai Road, Thanjavur - 613 006 3 The Deputy Inspector General of Police, Office of the Deputy Inspector General of Police, Thanjavur Range, Thanjavur.
4 The Superintendent of Police Office of the Superintendent of Police, Thanjavur District 5 The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Vallam Sub Division, Tamil University, Thanjavur District-613 010 6 The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvaiyaru Sub Division, 5/6
G.K.ILANTHIRAIYAN, J.
am 24.01.2025 6/6