Kerala High Court
Maram Vyapar Association vs The State Police Chief on 16 April, 2025
2025:KER:32628
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WP(C) NO. 15183 OF 2025
PETITIONER:
MARAM VYAPAR ASSOCIATION
REP BY ITS PRESIDENT SANTHOSH M.S, AGED 47 YEARS,
BETHEL SULOKO ORTHODOX SYRIAN CHURCH BUILDING, ROOM
NO: MVA 274, M.C ROAD, PERUMBAVOOR P.O, ERNAKULAM -
RESIDING AT MEENMOOTTICAL, KONNI, KALLELI P.O,
PATHANAMTHITTA-, PIN - 689 691
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
JINU P. BINU
RESPONDENTS:
1 THE STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS VELLAYAMBALAM,
THIRUVANANTHAPURAM-, PIN - 695 010
2 DISTRICT POLICE CHIEF
SUPERINTENDENT OF POLICE OFFICE, PATHANAMTHITTA-,
PIN - 689 645
3 STATION HOUSE OFFICER
KONNI POLICE STATION, KONNI-, PIN - 689 691
4 DISTRICT FOREST OFFICER
KONNI FOREST RANGE OFFICE KONNI, PATHANAMTHITTA-,
PIN - 689 691
5 ASSISTANT LABOUR OFFICER
LABOUR OFFICE, KUTTIPLACKAL BUILDING MARKET ROAD,
PATHANAMTHITTA-, PIN - 689 645
WP(C) NO. 15183 OF 2025
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6 THE HEAD LOAD WORKERS WELFARE BOARD
AZAD BUILDING, OLD PRIVATE BUS STAND, PATHANAMTHITTA
REPRESENTED BY CHIRMAN, PIN - 689 645
7 K.S PRADEEP
SHANTHI NILAYAM V KOTTAYAM P.O, PATHANAMTHITTA-,
PIN - 689 656
8 SHAJI
AAZHAKOOTTAM V KOTTAYAM P.O, PATHANAMTHITTA,
PIN - 689 656
9 JAGESH
MURICKAL, V KOTTAYAM P.O, PATHANAMTHITTA,
PIN - 689 001
BY ADV K.SIJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15183 OF 2025
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JUDGMENT
The writ petition is filed seeking for a direction to the
respondents 1, 2 and 3 to grant adequate police protection to the
petitioner to remove and load teak wood mechanically from the
property in sy no: 186/15 of Kottayam Village without paying
"Nokku Coolie" to the respondents 7 to 9. The owner of the
property has sought permission from the 4 th respondent, District
Forest Officer, for cutting and selling 12 teak woods from his
property, as in Ext.P2.
2. Heard the learned counsel for the petitioner, the
learned Government Pleader and the Standing Counsel for the 6 th
respondent.
3. The respondents 7 to 9 and some other identifiable
workers who claimed to be headload workers are obstructing the
work, asking for "Nokku Coolie". Without the payment of the said
amount, the respondents 7-9 are not allowing the petitioner to
remove the woods using a crane. The wood purchased by the
petitioner is nearly 2500 Kg and cannot be removed by human
intervention and therefore, the petitioner is not ready to take risk
WP(C) NO. 15183 OF 2025
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by allowing the workers to remove it. The learned Standing
Counsel for R6, submits that the area is not a scheme covered
area.
4. On a consideration of the facts of the case, I am of
the view that the writ petition can be disposed of as follows:-
The 3rd respondent, SHO is directed to ensure that law
and order is maintained and also to provide adequate police
protection to the petitioner for life and work of the petitioner in
the place in question, without interfering in any civil dispute
between the petitioner and the party respondents.
The writ petition is disposed of accordingly.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
saap
WP(C) NO. 15183 OF 2025
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APPENDIX OF WP(C) 15183/2025
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE DATED
1/11/24
EXHIBIT P2 COPY OF THE PERMISSION GIVEN BY THE 4TH
RESPONDENT DATED 18/3/24
EXHIBIT P3 COPY OF THE ORDER ISSUING PROPERTY MARK
REGISTRATION DATED 23/2/24
EXHIBIT P4 COPY OF THE CIRCULAR NO: 25/2012 ISSUED BY
THE LABOUR COMMISSION DATED 20/10/12
EXHIBIT P5 COPY OF THE COMPLAINT BEFORE THE 5TH
RESPONDENT DATED 3/3/25
EXHIBIT P6 COPY OF THE COMPLAINT BEFORE THE 3RD
RESPONDENT DATED 3/3/25
EXHIBIT P7 OPY OF THE COMPLAINT TO ASSISTANT LABOUR
OFFICER ADOOR DATED 1/3/25
EXHIBIT P8 COPY OF THE SETTLEMENT BEFORE THE ASSISTANT
LABOUR OFFICER DATED 10/3/25
