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2025 Supreme(Online)(Mad) 62158
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Sheik Arshath – Appellant
Versus
The District Collector, Trichy District – Respondent
WP(MD)Nos.28887, 26086, 30141, 30142 of 2024 and WP.Crl(MD)No.132 of 2025
For the Appellants/Petitioners: Mr.T.Aswin Raja Simman, Mr.S.Muthukrishnan, Mr.P.Pethu Ramesh, Mr.N.Sathish Babu
For the Respondents: Mr.F.Deepak, Mr.E.Antony Sahaya Prabahar, Mr.T.Ashwin Raja Simman
Court reaffirmed the right of traders to operate their business free from unlawful interference, emphasizing the need for police protection against coercive demands.
Headnote:(A) Constitution of India - Articles 19(1)(g), 21 - Writ of Mandamus - Police protection - Right to conduct trade without unlawful interference - Traders face unlawful demands for engagement and exorbitant wages from loadmen - Custodians of law bound to ensure protection from such unlawful interference - Role of police in enforcing orders noted. (Paras 15, 16, 17)
(B) Police Protection - Obligation of police to provide continuous protection rather than intermittent; failure leads to escalation of unlawful activities - Necessity for prompt action against offenders - Court emphasizes on sustained enforcement rather than reactive measures. (Paras 23, 24)
Facts of the case:
Writ petitions filed by various traders alleging unlawful interference by loadmen demanding exorbitant payments for loading and unloading - Incidents of violence and threats documented, reflecting a larger issue of muscle power in trade services across the State.
Findings of Court:
The court granted police protection and emphasized the need for legislative measures to regulate loading and unloading practices to prevent unlawful demands, highlighting recurring petitions as indicative of the enforcement failures in protecting legal rights. The unlawful practices threaten both constitutional rights and social order.
Issues: The central issue was whether unlawful demands by loadmen infringe upon the constitutional rights of traders to conduct their business freely.
Ratio Decidendi: The court recognized the fundamental right of traders to operational freedom and the duty of the state to ensure that freedom is not obstructed by private interests; therefore, illegal practices such as nokkukooli cannot be tolerated.
Result: WP(MD)Nos.28887, 30141, 30142 of 2024 and WP.Crl(MD) No.132 of 2025 are allowed; WP(MD)No.26086 of 2024 is dismissed subject to clarification.
| Table of Content |
|---|
| 1. unlawful interference by loadmen in traders' operations. (Para 1 , 2 , 4 , 6) |
| 2. traders report threats and violence impacting business. (Para 8 , 10 , 11) |
| 3. police must ensure protection; unlawful practices are clear violations. (Para 14 , 18 , 20 , 22) |
| 4. legislative vacuum allows exploitation and police must offer consistent protection. (Para 24 , 25 , 26 , 27) |
COMMON ORDER
These writ petitions, though filed by different traders’ associations, individual businessmen, and a private company on the one hand, and by a workers’ union on the other hand, raise a common and recurring problem confronting trade and commerce in the State, namely, the unlawful interference by self-styled loadmen, claiming affiliation to certain trade unions, in the process of loading and unloading goods, coupled with demands for exorbitant wages and insistence on exclusive engagement. Therefore, all the petitions are heard together and are disposed of by way of this common order.
Relief Sought:-
2.WP(MD)No.28887 of 2024 is filed by the Trichy District Waste Paper Association seeking police protection to carry on its trade and for action against members of the tenth respondent union / Trichy Mavatta Sumai Pani Thozhilalar Sangam compelling engagement as loadmen and demanding exorbitant wages.
3.WP(MD)No.30141 of 2024 is filed by the proprietor of Sri Muthu Kumaran Traders praying for protection to carry on loading and unloading with her own workers and family members, without unlawful interference.
4.WP(MD)No.30142 of 2024 is filed by the proprietor of Lakshmi Traders seeking continuous protection for himself, his family and employees, citing repeated incidents of assault, threats, and coercion to engage outside loadmen.
5.WP(MD)No.26086 of 2024 is filed by the Trichy Mavatta Sumai Pani Thozhilalar Sangam, a registered union, seeking to restrain the State authorities from interfering in wage disputes, contending that such matters are exclusively within the jurisdiction of the Labour Officer.
6.WP.Crl(MD)No.132 of 2025 is filed by ARAS Appliances Pvt. Ltd., a private company, seeking police protection and action against outsiders trespassing into its godown, preventing its own employees from unloading goods, and demanding excessive wages.
Factual Matrix:-
i) WP(MD)No.28887 of 2024:-
7.The Secretary and office-bearers of the Trichy District Waste Paper Association complain that certain persons, claiming to be members of Trichy Mavatta Sumai Pani Thozhilalar Sangam, have been demanding nokkukooli and compelling them to employ only their members as loadmen. On 17.10.2024, one of the petitioners, G.Bagyaraj of Sri Balaji Waste Papers, was brutally assaulted for refusing such unlawful demand, leading to registration of Crime No.1095 of 2024 at Srirangam Police Station.
Representations dated 25.11.2024 to the police yielded no relief.
ii) WP(MD)No.30142 of 2024:-
8.The petitioner, carrying on waste paper trade under the name Lakshmi Traders, asserts that he has been employing his own workers due to financial constraints. Yet, he faces threats, demands for mamool and bonus, and actual assaults. On 22.01.2025, trespassers entered his premises, assaulted his driver, and the incident was captured on CCTV, culminating in Crime No.35 of 2025. Police protection has been granted in fits and starts —sometimes for a few days, sometimes withdrawn—leaving the business in perpetual insecurity.
iii) WP(MD)No.30141 of 2024:-
9.The petitioner, running Sri Muthu Kumaran Traders, narrates a similar tale of unlawful interference by groups of loadmen insisting on exclusive engagement and payment of exorbitant charges. Threats, coercion, and monetary loss due to delay in clearance of goods have been highlighted.
iv) WP.Crl(MD)No.132 of 2025:-
10.ARAS Appliances Pvt. Ltd. recounts incidents on 31.05.2025 and 02.06.2025 when outsiders trespassed into its godown at Madurai, obstructed unloading of goods, and demanded unjustified wages. Complaints led only to peace talks. The Superinte
