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2025 Supreme(Online)(Ker) 49337

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
BIJU K.B. – Appellant
Versus
THE DISTRICT COLLECTOR AND CHAIRMAN OF AGRICULTURAL URBAN WHOLESALE MARKET (AUW MARKET) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.S.AJITH PRAKASH, SMT.GOURI KAILASH, SRI.T.K.DEVARAJAN, SRI.BABU M., SMT.ANCY THANKACHAN, SRI.NIDHIN RAJ VETTIKKADAN
For the Respondents: SRI.K.S.ARUN KUMAR, SRI.S.SHYAM, SRI.V.K.BALACHANDRAN, SRI.VINAY KUMAR VARMA, SRI.N.SUKUMARAN (SR.), SMT.ANIMA M.

Table of Content
1. issues of unauthorized occupancy and constructions in market premises. (Para 1 , 2 , 3 , 4)

J U D G M E N T

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The petitioner, who is leader of Pool No.10 (Nettoor Pool) holding 6A Card issued under the provisions of the Kerala Headload Workers Act and the Rules, has filed this writ petition seeking to direct respondents 1 and 2 to enforce and take appropriate action if necessary with the police assistance for evicting the unauthorised occupation of migrant workers in agricultural urban wholesale market. The petitioner also seeks to direct respondents 1 and 2 to remove all unauthorised additional constructions allegedly carried out by the traders inside the market, in violation of the Rules and Regulations of Maradu Market authority.

2. The petitioner states that the agricultural urban wholesale market at Maradu is a fully Government owned market. The Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is implemented in the area. However, Traders Association numbering 138 shop owners had earlier obtained police protection to avoid pool workers. The traders are engaging migrant workers inside the market.

3. The petitioner state

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