K.C.KAMARUDEEN and others v. State of Kerala and others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE A.M.BABU WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938 ## WP(C).No. 35282 of 2016 (I) ## PETITIONERS: 1. K.C.KAMARUDEEN, S/O.AJUMUDEEN, KAMIYATH CHOLAMKOTTY, KOTTAPPURAM, [OWNER AND DRIVER OF TIPPER LORRY KL-65/C.5267]. 2. SAKKIR PALAT, S/O.KHADER, PALATHU HOUSE, KOTTAPPURAM, [OWNER AND DRIVER OF TIPPER LORRY KL-10/AJ.9696]. 3. RIYAS, S/O.ABDHUL KADER, THAYYAKOD HOUSE, NAYA BAZAR, KONDOTTY, [OWNER AND DRIVER OF TIPPER LORRY KL-10/AH.5925]. 4. MOHAMMED HANEEFFA, S/O.ALAVIKUTTY, KARIYANTHODU HOUSE, KOTTAPPURAM, [OWNER AND DRIVER OF TIPPER LORRY KL-10/AQ.640]. 5. SHAHUL HAMMED, S/O.MOIDEEN, PATTYAPPARAMBIL HOUSE, PERIYAMBALAM, PULIKEL. [OWNER AND DRIVER OF TIPPER LORRY KL-10/AG.3550]. 6. JAMSHID THETTAN, S/O.MOHAMMED MARUTHATHU, KOTTAPPURAM, [OWNER AND DRIVER OF TIPPER LORRY KL-55/H.3730]. BY ADV. SRI.K.V.GOPINATHAN NAIR ## RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. CIRCLE INSPECTOR OF POLICE KONDOTTY, MALAPPURAM - 676 505. 3. SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM - 673 638. 4. PRAMOD, S/O.NARAYANAN, VARADIKKAL VEEDU, PULICKEL, ANTHIYOORKUNNU, MALAPPURAM - 673 637. 5. ANAS K.M., S/O.ASHARAF, PUTHIYAPARAMBU HOUSE, ANTHIYOORKUNNU, PULICKEL, MALAPPURAM - 673 637. WP(C).No. 35282 of 2016 (I) :: 2 :: 6. JAMSHEEDH, S/O.SAIDALAVI, VANNADIPURAI VEEDU, PULICKEL, ANTHIYOORKUNNU, MALAPPURAM - 673 637. 7. BIJU, S/O.MANIYAN, MELEKONNOTHU VEEDU, PARAVOOR, PULICKEL, MALAPPURAM - 673 637. 8. KEERAN KUTTY, S/O.CHATHANKUTTY, ALUNGALKANDI, MUNDUPALAM, KONDOTTY, MALAPPURAM - 673 638. 9. JEMSHEER, S/O.BEERAN, PUTHIYARAPARAMBATHU VEEDU, PULICKEL, ANTIYOORKUNNU, MALAPPURAM - 673 637. 10. REJEEB, S/O.MUHAMMED, KARUKASERY PARAVOOR, PULICKEL P.O, MALAPPURAM - 673 637. 11. ABUBAKKER, S/O.MUHAMMED, KARUVANGAD VEEDU, PULICKEL, ANTHIYOORKUNNU, MALAPPURAM - 673 637. 12. SIDHIKOYA , S/O.MODHI, PAMBURINPARA, PULICKEL P.O, MALAPPURAM - 673 637. 13. UNNI, S/O.KOTTAN, KURAVUNGATT PURAYI VEEDU, PULICKEL, MALAPPURAM - 673 637. 14. PRADEEP, S/O.NARAYANAN, VARADIKKAL VEEDU, PULICKEL, ANTHIYOORKUNNU MALAPPURAM - 673 637. R1-R3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SENIOR GOVERNMENT PLEADER SRI.P.P.THAJUDEEN R4-R14 BY ADV. SRI.K.RAKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.11.2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## WP(C).No. 35282 of 2016 (I) ## APPENDIX ## PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE FIR NO.758 OF 2016 OF KONDOTTY POLICE STATION. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 25.10.2016. EXT.P3 COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS BEFORE THE 2ND AND 3RD RESPONDENTS DATED 30.10.2016. ## RESPONDENTS' EXHIBITS: EXT.R4(a)(1) TO R4(a)(7) TRUE COPIES OF THE IDENTITY CARDS ISSUED BY THE ASSISTANT LABOUR OFFICER, KONDOTTY TO SOME OF THE PARTY RESPONDENTS. EXT.R4(b) TRUE COPY OF THE COMPLAINT FILED BEFORE THE THIRD RESPONDENT DATED 20.9.2016. EXT.R4(c) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE S.I. OF POLICE, KONDOTTY DATED 20.9.2016. //TRUE COPY// AHZ/ ## **K.T.SANKARAN & A.M.BABU, JJ.** **---------------------------------------------------W.P.(C) No.35282 of 2016 (I)** **---------------------------------------------------Dated this the 23[rd] day of November, 2016** ## **JUDGMENT** ## **K.T.Sankaran, J.** The averments in the Writ Petition, in a nutshell, are the following: The petitioners are drivers by profession and they purchased tipper lorries for their self-employment. The petitioners themselves drive their respective vehicles. In Pulickel Panchayat in Anthiyoorkunnu area in Malappuram District, about 40 licensed quarries are functioning. The loading works of granite stones are being carried out with Hitachi or JCB machines. It is stated that in places where there is no such facility, the petitioners along with their cleaners used to load the goods. When the lorries carrying the loads reach Anthiyoorkunnu junction, respondents 4 to 14 and their supporters prevented and obstructed the movement of the lorries claiming that they should be given `300/- per load as 'Nokkucooly'. The vehicles were not allowed to operate without paying 'Nokkucooly'. ## **W.P.(C) No.35282 of 2016 (I)** :: 2 :: 2. It is further stated in the Writ Petition that when the party respondents, on an earlier occasion, prevented the operation of the vehicles, the third respondent reached the spot but he was prevented by the party respondents from discharging his duties. They prevented the lorries being plied demanding 'Nokkucooly'. Accordingly, Crime No.758 of 2016 was registered at Kondotty Police Station for the offences under Sections 145, 506(i), 143, 147, 353, 341, 384 and 342 read with Section 149 of the Indian Penal Code. Again on 29.10.2016, respondents 4 to 14 continued the obstruction and prevented the operation of the vehicles by the petitioners. Though a petition was submitted before respondents 2 and 3 on 31.10.2016, it is alleged that no police assistance was provided. 3. The relief prayed for in the Writ Petition is to issue a direction to respondents 2 and 3 to provide adequate and necessary police protection for the loading and unloading operations in the vehicles of the petitioners and to remove the illegal and unauthorized obstruction caused by respondents 4 to 14 and their henchmen in plying the vehicles. ## **W.P.(C) No.35282 of 2016 (I)** :: 3 :: 4. Respondents 4 to 14 filed a counter affidavit, in which, it is stated that they are the registered headload workers, registered under the Kerala Headload Workers Act. It is contended that they are entitled to carry out the loading and unloading operations in their area of operation. A perusal of paragraph 2 of the Writ Petition itself would show that the petitioners tried to load the goods without employing respondents 4 to 14. It is stated that respondents 4 to 14 never demanded any 'Nokkucooly'. It is also stated that Crime No.758 of 2016 was registered by the Kondotty police unnecessarily and without any justifiable grounds. It is also stated that about 150 families, including the families of respondents 4 to 14, are depending for their livelihood on the loading and unloading work in the quarries. Machines were used by the quarry owners for loading and unloading only to deny employment to respondents 4 to 14. 5. It is submitted by both sides that the areas in question are covered by the Scheme under the Kerala Headload Workers Rules. 6. Learned Government Pleader submitted that Crime No.758 of 2016 (Ext.P1) was registered against the party respondents and ## **W.P.(C) No.35282 of 2016 (I)** :: 4 :: others for the offences under Sections 145, 506(i), 143, 147, 353, 341, 384 and 342 read with Section 149 of the Indian Penal Code. Eleven accused persons were arrested and they were remanded to judicial custody. Later, they were released on bail on conditions. The learned Government Pleader submitted that the said crime was registered when it was shown that respondents 4 to 14 demanded 'Nokkucooly' and obstructed the movement of the vehicles belonging to the petitioners. 7. It is well settled that if the area in question is a scheme covered area, the registered headload workers belonging to the particular pool are entitled to do the work of loading and unloading. In such cases, the quarry owners or other employers are not entitled to employ any other person other than their registered workers under the Rules and to whom identity cards have been issued under Rule 26A of the Kerala Headload Workers Scheme. In the absence of own employees, the quarry owners are bound to employ the registered workers of that particular area, provided the loading and unloading work is carried on manually. If the loading and unloading work is carried on with the help of mechanical devices, ## **W.P.(C) No.35282 of 2016 (I)** :: 5 :: the quarry owners are not bound to employ the registered headload workers in that particular area. It is also well settled that without doing any work, the headload workers are not entitled to demand 'Nokkucooly'. (See **Jayaprakash G. and others** v. **Government of Kerala and others (2007 (1) KHC 286 = 2007 (1) KLT 343)** and **Paulson Zacharia** v. **Commissioner of Police, Thrissur and others (2014 (4) KHC 549 = 2014 (4) KLT 601)** ). In the light of the well settled principles and the decisions rendered by this Court and in the facts and circumstances, we dispose of the Writ Petition with the following directions: - a) If the quarry owners employ mechanical devices for loading / unloading, respondents 4 to 14 and similarly situated headload workers are not entitled to claim that they should be employed for the loading/unloading work. - b) If the area where the quarry is situated is an area covered under the Kerala Headload Workers Scheme, the quarry owners are bound to employ the registered headload workers working in the pool, unless the quarry owners have themselves employed headload workers to whom there is ## **W.P.(C) No.35282 of 2016 (I)** :: 6 :: registration and they have been issued with identity cards under Rule 26A of the Kerala Headload Workers Rules. - c) If mechanical devices are used for loading/unloading purposes, the registered pool workers are not entitled to claim that they should be employed for loading/unloading. - d) The quarry owners would not be entitled to use the services of the petitioners and the cleaners in their vehicles for loading/unloading. - e) Respondents 4 to 14 or similarly situated persons are not entitled to demand 'Nokkucooly'. If any such demand is made, the police is bound to register crime against the offenders under the appropriate provisions of law. - f) If mechanical devices are used for loading/unloading, the petitioners are entitled to get police protection as claimed in the Writ Petition. In such a situation, respondents 4 to 14 or similarly situated persons are not entitled to obstruct the loading/unloading work or the movement of the vehicles. - g) There will be a direction to respondents 2 and 3 to provide adequate and effective police protection to the quarry owners as well as to the petitioners and their cleaners to undertake ## **W.P.(C) No.35282 of 2016 (I)** :: 7 :: the loading/unloading work without any obstruction from respondents 4 to 14 or similarly situated persons or their henchmen, if the conditions mentioned above are satisfied to the extent they are applicable. ## **K. T. Sankaran Judge** ## **A.M. Babu** **Judge** ahz/