T. K. Sundaresan S/o Kunjukrishnan v. District Police Chief, Kollam Rural
2021-11-23
DEVAN RAMACHANDRAN
body2021
DigiLaw.ai
ORDER : 1. Read order dated 01.11.2021. 2. The learned Government Pleader submitted that, accepting the observations and suggestions of this Court, Government intends to amend the Kerala Headload Workers Act grating powers to the competent Authority to expel a registered worker, who is established to have demanded ‘Nokkukooli’ (Gawking Charges), along with imposition of heavy penalties. 3. An amendment to the above effect is certainly welcome, but, in my view, it would not serve the full purpose. There can be no doubt “as is also admitted by the learned Government Pleader” that a demand for ‘Nokkukooli’ can only be construed as extortion in law and nothing else. Hence, unless the Unions and its members understand that any such demand will necessarily visit them with strict penal consequences, the situation is unlikely to improve. 4. Though, in normal circumstances, it would not require an order from this Court, it has become imperative to ensure that every allegation of Nokkukooli is taken as extortion and necessary investigation is conducted and action initiated. 5. Since the State also affirms that a demand for Nokkukooli is required to be treated as extortion, I direct the State Police Chief to immediately issue a Circular to all the Station House Officers under his command to register cases for extortion, along with other offences, every time a complaint is made relating to the demand for Nokkukooli by a Union or its members. 6. This shall be done within a period of three days from the date of receipt of a copy of this order. 7. I, thus, adjourn this matter to be called on 08.12.2021, within which time, the State Police Chief shall place the Circular as afore ordered before this Court. 8. In the meanwhile, the learned Government Pleader will obtain instructions as to the steps, measures and progress with respect to the amendment to the Kerala Headload Workers Act, as has been submitted by him earlier.