Court affirms that business protections are essential against unlawful demands, directing lawful hiring to ensure operations.

JUDGMENT

Dated this the 26^th day of December, 2025 The petitioner states that he is a Partner engaged in the wholesale distribution and sale of Chambal Water Meters, Ductile Iron, Cast Iron and GI & MS Pipes and Fittings, having a warehouse at Eloor and a corporate office at Ernakulam, Considering the natrure, weight and sensititvity of the materials handled, loading and unloading operations are necessarily carried out using cranes and other heavy mechanical devices operated by skilled employees of the petitioner.

2. In February 2020, a group of persons under the leadership of the 4^th respondent unlawfully trespassd into the petitioner’s warehouse and obstructed the lawful loading and unloading of goods, demanding money under the guise of “Nokkukooli” without performing any work. Despite repeated explanations, the illegal demands and threats continued, compelling the petitioner to submit a representation dated 02.03.2020 before the police authorities seeking protection. As the obstruction persisted, the petitioner was constrained to approach this Court by filing W.P.(C) No.9065 of 2020, pursuant to which this Court, by order dated 20.03.2020, directed the police to provide adequate protection to the life of the petitioner and his employees and to ensure that no obstruction is caused for loading and unloading using mechanical devices. The said order was subsequently made absolute by judgment dated 10.08.2020.

3. Despite the subsisting directions of this Court, the 4^th reswpondent and his men resumed obstruction and intimidation. Under coercion, the petitioner was compelled to pay amounts even without any work being performed by them, while the actual loading and unloading continued to be carrid out by the petitioner’s skilled employees. Thereafter, the 4^th respondent unilaterally increased the illegal demands and again obstructed the peaceful functioning of the petitioner’s business when the petitioner refused to comply.

4. The petitioner preferred fresh representations before the police authorities seeking protection to life and property. However, the police have adopted a dormant and indifferent attitude, resulting in continued obstruction, financial loss, damage to goods and grave threat to the life and property of the petitioner and his employees.

5. Heard.

6. The petitioner now submits that as the petitioner does not have registered headload workers as of now, he is willing to engage registered headload workers from the local headload workers’ pool and to pay wages at the prevailing rates. If the 4^th respondent or anyone else claiming under him has any dispute regarding the quantum of wages, the 4^th respondent will have to invoke Section 21 of the Kerala Headload Workers Act .

In the circumstances, the writ petition is disposed of directing the 3^rd respondent to give protection to the establishment of the petitioner from any obstruction to the work, on condition that the petitioner shall engage local headload workers from the pool for loading and unloading work, as long as the petitioner does not have his own registered attached headload workers.

Sd/-