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2021 DIGILAW 985 (KER)

T. K. Sundaresan S/o Kunjukrishnan v. District Police Chief, Kollam Rural

2021-11-01

DEVAN RAMACHANDRAN

body2021
ORDER : 1. There is finally some movement in the resolve against “Nokkukooli” after this Court had issued the last two orders. 2. The learned Government Pleader-Sri. E.C. Bineesh, submits that stringent measures and steps have been taken to ensure that even the concept of “Nokkukooli” is obliterated forever from our State and that the Honourable Minister has personally taken an initiative for this purpose. 3. Sri. Siju Kamalasanan - learned counsel appearing for the Headload Workers Welfare Board, submitted that its members have been now given awareness and that they have been told not to indulge in violence or extortion, since they would face prosecution for offences under the Indian Penal Code. 4. As this Court has been persistently saying, what is at stake is not the business of an individual petitioner before this Court, but the collective interest of the State of Kerala as a whole. 5. Unless the deleterious tendencies like “Nokkukooli” and such other are brought down finally, the industrial and business atmosphere of Kerala can never get better and this Court notes with some pleasure that the Government is now acting in such direction. 6. This is inevitable because no Government can countenance any tendencies that would destroy the economical wellbeing of its people. 7. Though I propose to wait a few more days before I deliver judgment in this matter, so that the inputs regarding the steps taken by the Government and the Board can be made available, I deem it necessary to re-emphasize that any attempt to demand “Nokkukooli” indirectly or in a veiled manner shall be treated as being extortion and the perpetrator brought to charge under the most stringent provisions. 8. Though, it has not been placed officially before this Court, it is available from media reports that, even pending this matter and even after this Court vehemently made the declaration that “Nokkukooli” shall never ever be demanded in the state in future, an incident of a hapless citizen being attacked and his arm broken at Trivandrum came to light. The learned Government Pleader, of course, says that the culprits have been arrested, but until the perpetrators understand that any conduct of theirs to extort money, under the euphemism of “Nokkukooli” will visit them with very serious consequences, the confidence in Kerala as an Investor Friendly Destination cannot be firmly established. 9. The learned Government Pleader, of course, says that the culprits have been arrested, but until the perpetrators understand that any conduct of theirs to extort money, under the euphemism of “Nokkukooli” will visit them with very serious consequences, the confidence in Kerala as an Investor Friendly Destination cannot be firmly established. 9. I, therefore, adjourn this matter to be called on 22.11.2021; within which time an Action Taken Report, in furtherance of the various orders of this Court, shall be made available by the Government as well as by the Welfare Board.