LAWS(MAD)-2007-12-322

ELEPHANT G RAJENDRAN Vs. PROHIBITION AND EXCISE DEPARTMENT

Decided On December 19, 2007
SUGARCANE GROWERS AND SAKTHI SUGARS SHAREHOLDERS ASSOCIATION Appellant
V/S
SECRETARY, DEPARTMENT OF PROHIBITION AND EXCISE Respondents

JUDGEMENT

(1.) ALL these Writ Petitions relate to grant of privilege to sell "toddy" and there being a 'prohibition' imposed by the respondent-State, the Writ Petitions have been preferred including the one as Public Interest Litigation.

(2.) IN W. P. No. 876 of 2003, the petitioner-Sugarcane Growers and Sakthi Sugars Shareholders Association (hereinafter referred to as the petitioner-Association) seeks for a Writ of Declaration that the policy of prohibition adopted by the respondent-Department of Prohibition and Excise, from tapping, processing, sale and consumption of Toddy, amongst all alcohol in exercise of its powers conferred under Sections 17-B and 54 of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as '1937 Act') is irrational, illegal and ultra-vires the 1937 Act, Article 14 and other provisions of the Constitution of India.

(3.) IN W. P. No. 877 of 2003, the very same petitioner-Association has prayed for a direction to the respondent-Department of Prohibition and Excise, to permit tapping, processing, sale and consumption of Toddy in exercise of its powers conferred under Sections 17-B and 54 of the 1937 Act.