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2014 Supreme(Ker) 563

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Paulson Zacharia – Appellant
Versus
Commissioner of Police – Respondent


Advocates Appeared:
For the Petitioner:Rajit, Advocate.
For the Respondents:R1, R2, Sujith Mathew Jose, Government Pleader, R4 - R5, Biju Martin, M.M. Salim, D.M. Nowfal, Advocates.

JUDGMENT

THOTTATHIL B. RADHAKRISHNAN, J.

1. Heard. The petitioner is establishing a small scale industry. He has to install machineries which cannot be unloaded by head load workers alone. The machinery has to be unloaded and installed with the help of a crane. The private respondents are alleged to have claimed amounts which, in State of Kerala, God's own Country, is called by the sweet name Nokku Kooly, meaning in English, payment for watching. We think that if this watching includes proper activity of watch dogs, then payment either by way of money or food may be useful. Otherwise, this insistence of payment of what is called Nokku Kooly is nothing but a bane on the Indian society and it is a compulsion for other persons who are eligible under the Constitution of India to keep away from working in a particular locality. This Court had repeatedly sounded the requirement for the Governmental machineries to ensure the abolition of the system called Nokku Kooly. The claim for Nokku Kooly is not only an affront to the Constitution of India by an unauthorized and illegal extraction of money by creating a state of threat and deprivation of property. They amount to offences punishable in



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