IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 29311 of 2008(M) ------------------------------- PETITIONER: --------------- ALIYAMMA GEORGE, 49 YEARS W/O.PR.K.GEORGE,DOOR NO.CRA/197, PALARIVATTOM, KOCHI-35. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS: --------------- 1. DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR. 2. CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR 3. SUB INSPECTOR OF POLICE, PERUMBAVOOR 4. CITU, SECRETARY, PONJASSERY UNIT VENGOLA PO., PERUMBAVOR 5. INTUC, SECRETARY PONJASSEDRY UNIT, VENGOLA.P.O., PERUMBAVOOR 6. STU , SECRETARY, PONJASSEDRY UNIT, VENGOLA.P.O., PERUMBAVOOR 7. AITUC, SECRETARY, PULIMPALLY UNIT, VENGOLA PO., PERUMBAVOOR. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.C.K.ABDUL RAHIM FOR R4-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.29311/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE DETAILED REPRESENTATION DATED 13.5.08 BEFORE THE FIRST RESPONDENT. EXT.P1(A): TRUE COPY OF THE DETAILED REPRESENTATION DATED 13.5.08 BEFORE THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 25.9.08 BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXTS: EXT.R4A: COPY OF IDENTITY CARD ISSUED UNDER THE SCHEME. EXT.R4B: COPY OF IDENTITY CARD ISSUED UNDER THE SCHEME. EXT.R4C: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4D: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4E: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4F: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4G: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4H: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4I: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4J: COPY OF PASS BOOK ISSUED FROM THE WELFARE BOARD. EXT.R4K: COPY OF THE ORDER ISSUED BY THE PERUMBAVOOR LOCAL COMMITTEE OF THE WELFARE BOARD DATED 20.9.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.29311 OF 2008 M ----------------------------------------------------- DATED THIS THE 3rd DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of 5.17 acres of land in survey No.82/17 of Arakkappady Village, Kunnathunadu Taluk. She is constructing a Bible Convention Centre there. The building materials are brought for the construction of the said building. But, for doing the unloading work using tipper lorries fitted with hydrolic devices, respondents 4 to 7 are claiming 'nokkukooli'. Feeling aggrieved by that, she preferred Exhibit P1 representation before the police. Alleging that the police did not take any action, this Writ Petition is filed. She undertakes that for other unloading works of various building materials like cement, brick, etc. she is ready to engage registered local head load workers. She is only aggrieved by the demand for 'nokkukooli' for the materials unloaded using hydrolic devices. 2. Respondents 4 to 6 have filed a counter affidavit denying the allegations against them and they submit, they have no intention whatsoever to demand 'nokkukooli'. The petitioner, under the guise of police protection, wants to induct unregistered workmen to do the loading/unloading work in the work site, it is submitted. 3. The learned Government Pleader upon instructions submitted that upon receipt of the petition, both sides were summoned to the Police W.P.(C)No.29311/08 -2- Station and the workmen submitted that they have no intention whatsoever to demand 'nokkukooli'. At present, there is no problem in the work site, it is submitted. 4. We record the submission of the Trade Unions that they have no intention to collect any 'nokkukooli' for the materials unloaded using hydrolic devices fitted to tipper lorries. If anybody causes obstruction demanding the same, the petitioner can bring it to the notice of the 3rd respondent, Sub Inspector of Police. In that event, the said Officer shall take necessary steps to remove the obstruction. But, for other loading/unloading works undertaken by the petitioner, she should engage local registered head load workers. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn