Disposed¶41

Thanjavur District Tree Climbing Workers Welfare Association v. The Senior Inspector/Licensing Authority

Madras HC24 Jan 2025WP(MD)/9856/2024

Case brief

AI extract

What is this about?

Palm Water (Padani) extraction and sale to public; police interference/harassment alleging sale of Toddy; licensed palm juice business; Licensing Authority Prohibition Wing Thanjavur; Khadi and Village Industries; DIG/SP/DSP Thanjavur Range, Vallam and Thiruvaiyaru Sub Divisions; tree climbing workers welfare association; writ of mandamus under Article 226; W.P (MD).No.9856 of 2024; W.P(MD)No.2655 of 2013 (order dated 14.03.2013) followed; Madras High Court Madurai Bench; G.K.ILANTHIRAIYAN J.; disposed 24.01.2025; no costs.

What did the court decide?

Writ petition disposed of with the direction that the police cannot stop the licensees from selling Palm Water (Padani) to the general public; no costs ordered. ¶41

Thanjavur District Tree Climbing Workers Welfare… — Writ and Judicial Review | Madras HC (2025)

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W.P (MD).No.9856 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.01.2025

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P (MD).No.9856 of 2024

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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, Thanjavur District.

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.... Petitioner

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1 The Senior Inspector/Licensing Authority, Prohibition Wing, Office of the District Collector, Thanjavur District.

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2 The Assistant Director

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Khadi and Village Industries, No.214, Khadi Kraft, Nanjikottai Road, Thanjavur - 613 006 Thanjavur District.

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3 The Deputy Inspector General of Police,

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Office of the Deputy Inspector General of Police, Thanjavur Range,

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Thanjavur.

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4 The Superintendent of Police

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Office of the Superintendent of Police, Thanjavur District

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1/6

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https://www.mhc.tn.gov.in/judis

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W.P (MD).No.9856 of 2024

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5 The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Vallam Sub Division, Tamil University, Thanjavur District-613 010

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6 The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

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...Respondents

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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.

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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)

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O R D E R

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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.

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https://www.mhc.tn.gov.in/judis

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W.P (MD).No.9856 of 2024

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Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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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.

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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

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follows:-

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"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

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https://www.mhc.tn.gov.in/judis

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W.P (MD).No.9856 of 2024

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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."

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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.

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