Dismissed

Joshy Chandy, v. the District Police Chief

Kerala HC14 Jun 2019WP(C)/9633/2019

Case brief

AI extract

What is this about?

The High Court dismissed the petitioners' writ petition for police protection due to abuse of process, finding no specific instances of Nokkukooli extortion, no complaints filed with police, and absence of cause of action despite general awareness of the issue in the state.

What did the court decide?

None granted; writ petition dismissed due to abuse of process and lack of cause of action.

Joshy Chandy, Vs the District Police Chief — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941

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W.P(C).No.9633 of 2019-D

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PETITIONER/S:

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1 JOSHY CHANDY, AGED 48 YEARS, S/O. E.I CHANDY, PRESIDENT ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, UNIT KOTTAYAM, RESIDING AT ELANJIVEETTIL HOUSE, CHUNGAM P.O., KOTTAYAM 686 001.

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2 ANIL KURIAN, AGED 47 YEARS, S/O. N.O KURUVILLA, SECRETARY, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, UNIT KOTTAYAM , RESIDING AT NECHIKATTU HOUSE, PARAMPUZHA P.O, KOTTAYAM 686 004.

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3 S. UNNIKRISHNAN, AGED 50 YEARS, S/O. NARAYANAN, PRESIDENT, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION,

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MEENACHIL TALUK UNIT, RESIDING AT PARASSERIL HOUSE, ANTHINADU P.O, PALA, KOTTAYAM 686 651.

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4 P.N SUDHAKARAN, AGED 54 YEARS, S/O. NARAYANAN, SECRETARY, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION,MEENACHIL TALUK UNIT, RESIDING AT PARASSERIL HOUSE, ANTHINADU P.O, PALA, KOTTAYAM 686 651.

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5 REJI THOMAS JOSEPH, AGED 47 YEARS, S/O. JOSEPH, PRESIDENT, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION,CHANGANACHERRY TALUK UNIT, RESIDING AT KALLUKALAM HOUSE, RUBY NAGAR P.O, CHANGANACHERRY, KOTTAYAM 686 103.

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6 GIJI K. MATHEW, AGED 39 YEARS, S/O. MATHEW, SECRETARY, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, CHANGANACHERRY TALUK UNIT, RESIDING AT KALLANCHIRA HOUSE, MADAPPALLY P.O, CHANGANACHERRY, KOTTAYAM 686 546.

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WP(C).No.9633 of 2019

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7 C.U MATHAI, AGED 48 YEARS, S/O. MATHAI, PRESIDENT, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, VAIKOM TALUK UNIT,

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RESIDING AT CHRIST VIHAR, EDAMATTOM P.O,

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THALAYOLAPARAMPU P.O, VAIKOM, KOTTAYAM 686 578.

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8 REJOKADAVAN, AGED 40 YEARS, S/O. MATHEW V. KADAVAN, SECRETARY, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, VAIKOM TALUK UNIT,

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RESIDING AT KALLARACKAL KADAVIL HOUSE,

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UDAYANAPURAM P.O, VAIKOM, KOTTAYAM 686 143.

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9 THOMAS JOSEPH, AGED 50 YEARS, S/O. JOSEPH, PRESIDENT, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, TALUK UNIT, RESIDING AT GANAPATHY PLACKAL HOUSE, POOVARANY P.O, KOTTAYAM 686 577.

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10 AUGUSTINE GEORGE, AGED 55 YEARS, S/O. N.A VARGHESE, SECRETARY, ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, KANJIRAPPALLY TALUK UNIT, RESIDING AT NELLAMTHADAM HOUSE, KANJIRAPPALLY P.O, KOTTAYAM 686 507.

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BY ADV. SRI.GIKKU JACOB

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RESPONDENT/S:

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1 THE DISTRICT POLICE CHIEF, KOTTAYAM DISTRICT, PIN 686 001

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2 DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM DIVISION, KOTTAYAM DISTRICT, PIN 686 001

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3 DEPUTY SUPERINTENDENT OF POLICE, PALA SUB DIVISION, KOTTAYAM DISTRICT, PIN 686 507

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4 DEPUTY SUPERINTENDENT OF POLICE, CHANGANACHERRY SUB DIVISION, KOTTAYAM DISTRICT, PIN 686 101

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5 DEPUTY SUPERINTENDENT OF POLICE, VAIKOM SUB DIVISION, KOTTAYAM DISTRICT, PIN 686 141

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6 DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY SUB DIVISION, KOTTAYAM DISTRICT, PIN 686 507.

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WP(C).No.9633 of 2019

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7 STATION HOUSE OFFICER,

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EAST POLICE STATION, KOTTAYAM DISTRICT, PIN 686 001

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8 STATION HOUSE OFFICER, WEST POLICE STATION, KOTTAYAM DISTRICT, PIN 686 002.

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9 STATION HOUSE OFFICER, PALA POLICE STATION, KOTTAYAM DISTRICT, PIN 686 507

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10 STATION HOUSE OFFICER, CHANGANACHERRY POLICE STATION, KOTTAYAM DISTRICT, PIN 686 101

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11 STATION HOUSE OFFICER, VAIKOM POLICE STATION, KOTTAYAM DISTRICT, PIN 686 141

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12 STATION HOUSE OFFICER, KANJIRAPPALLY POLICE STATION, KOTTAYAM DISTRICT, PIN 686 507.

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13 MUHAMMED BASHEEER, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, TALUK PRESIDENT, INTUC, BHAGAVATHI PARAMBIL THIRUVATHUKKAL, KOTTAYAM, PIN 686 002.

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14 SUNIL THOMAS, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, CITU UNION OFFICE, KOTTAYAM, PIN 686 002

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15 P.O MATHAI, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, KTUC CONVENOR, MEENACHIL TALUK, PALLIYADIL, POOVARANI P.O, PAIKA, KOTTAYA, PIN 686 577

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16 ANIL MATHAI,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, CONVENOR, CITU, EDATHOTTAM MALIYIL, POOVARANI P.O, PAIKA, KOTTAYAM PIN 686 577

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17 ADV. RADHAKRISHNAN, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY AITUC, UNION OFFICE, CHANGANACHERRY, KOTTAYAM, PIN 686 101.

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WP(C).No.9633 of 2019

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18 RAJESH K.R,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY BMS, BMS UNION OFFICE, CHANGANACHERRY, KOTTAYAM PIN 686 101

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19 ANIL KUMAR,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY CITU-HEAD LOAD WORKERS, CITU UNION OFFICE, CHANGANACHERRY, KOTTAYAM, PIN 686 101

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20 K.K SASIDHARAN,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, PRESIDENT CITU, CITU UNION OFFICE, VAIKOM, KOTTAYAM, PIN 686 141.

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21 K.S RETHNAKARAN,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, GENERAL SECRETARY INTUC , INTUC UNION OFFICE, VAIKOM, KOTTAYAM, PIN 686 141

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22 ABDUL SALAM RAUTHAR,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, PRESIDENT INTUC, INTUC UNION OFFICE, VAIKOM, KOTTAYAM PIN 686 141

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23 A.S RAMACHANDRAN,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY, CITU, CITU UNION OFFICE, KANJIRAPALLY, KOTTAYAM, PIN 686 507

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24 P.M MATHEW,

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY INTUC, INTUC UNION OFFICE, PUNNAMTHANAM P.O, KANJIRAPPALLY, KOTTAYAM PIN 686 507.

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25 THE HEAD LOAD WORKERS WELFARE BOARD, KOTTAYAM DISTRICT COMMITTEE, KOTTAYAM PIN 686 002.

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BY ADVS.

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R1 TO R12 BY SR.GOVT.PLEADER SRI.P.P.THAJUDHEEN ADDL.DIRECTOR GENERAL OF PROSECUTION R25 BY STANDING COUNSEL SRI.S.KRISHNAMOORTHY.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9633 of 2019

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JUDGMENT

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Vinod Chandran, J.

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The petitioners are licensed contractors, who were said to be engaged in the construction work for the Public Works Department [for brevity “PWD”] of the State of Kerala. The work sites as per the contracts executed by the petitioners are said to have been handed over to the petitioners. However, the petitioners are unable to start the work for reason of non-payment of “Nokkukooli” demanded by respondents 13 to 24, is the ground on which the present writ petition has been filed for police protection.

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2. We cannot but notice that, but for making a broad allegation of demand of Nokkukooli, there is not even one specific instance pointed out by any of the 10 petitioners. It is also not clear as to what were the works assigned to them and the area in which such work has to be

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executed or the nature of work, whether it involves any loading and unloading. There is also absolutely no complaint produced before the jurisdictional police. The document accompanying the petition is Exhibit P1, which is an application filed by petitioners 1 and 2 in their capacity as President and Secretary of All Kerala Government Contractors' Association to the Superintendent

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WP(C).No.9633 of 2019

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of Police, Kottayam.

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3. The learned Senior Government Pleader submits that almost all of the senior police officers and the Station House Officers in many police stations within the Kottayam District have been impleaded as parties without any allegation of any of such officers having not responded to a specific complaint made by any of the petitioners. But for the bland allegations stated in Exhibit P1, nothing is forthcoming as to a specific cause of action for filing the above writ petition.

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4. Looking at the writ petition and the averments

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made therein, we find a clear abuse of process of Court. No incidence of a claim of Nokkukooli, which word in vernacular roughly translates 'a demand for money without carrying out the work', has been alleged in the writ petition. If at all such instances occurred in the various work spots of the individual petitioners, then ought to have first moved the jurisdictional police. Moreover, there is no identity of cause of action or a valid reason for a joinder of the petitioners to file the above writ petition. We cannot but deprecate the practice of such writ petitions being filed before this Court and we would have imposed heavy costs on the petitioners but for the fact that

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Nokkukooli is a constant allegation raised against the headload workers' Unions in this State, which has even prompted the Government to bring out Circulars against it and the Director General of Police to direct the police officers under him to register crimes for offence of extortion on such instances of demand of Nokkukooli coming to their knowledge. We, hence, desist from imposing costs; but, however, find no reason to keep the writ petition pending and dismiss it leaving the costs to be suffered by the respective parties.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

V.G.ARUN

JUDGE

WP(C).No.9633 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RESPONDENT.	COMPLAINT FILED BEFORE THE 1ST
EXHIBIT P1 A	TRUE COPY OF ACKN	OWLEDGEMENT FOR EXHIBIT P1
EXHIBIT P2	TRUE COPY OF THE THE EXECUTIVE ENG CONSTRUCTION WORK	LETTER DATED 13.8.2018 ISSUED BY INEER, KOTTAYAM AWARDING THE OF ROAD TO THE 1ST PETITIONER.
EXHIBIT P3	TRUE COPY OF THE THE 2ND PETITIONE	LETTER DATED 11.5.2018 ISSUED TO R.
EXHIBIT P3(A)	TRUE COPY OF THE THE 2ND PETITIONE	LETTER DATED 18.5.2018 ISSUED TO R.
EXHIBIT P4	TRUE COPY OF THE BY THE ASSISTANT PETITIONER.	LETTER DATED 12.11.2018 ISSUED EXECUTIVE ENGINEERS TO THE 3RD
EXHIBIT P4(A)	TRUE COPY OF THE BY THE ASSISTANT PETITIONER.	LETTER DATED 31.12.2018 ISSUED EXECUTIVE ENGINEERS TO THE 3RD
EXHIBIT P5	TRUE COPY OF THE BY ASSISTANT ENGI MEENACHIL GRAMA P OFFICER, LALAM.	LETTER DATED 20.12.2018 ISSUED NEER, L.S.G.D. SECTION, ANCHAYATH AND BLOCK DEVELOPMENT
EXHIBIT P5(A)	TRUE COPY OF THE ASSISTANT ENGINEE GRAMA PANCHAYATH LALAM.	LETTER DATED 23.1.2019 ISSUED BY R, L.S.G.D. SECTION, MEENACHIL AND BLOCK DEVELOPMENT OFFICER,
EXHIBIT P6	TRUE COPY OF THE THE ASSISTANT ENG HANDING OVER OF T	LETTER DATED 1.3.2019 ISSUED BY INEER, VAIKOM SHOWING THE HE SITE TO THE 8TH PETITIONER.
EXHIBIT P7	TRUE COPY OF THE NO.35/18-19 ISSUE	LETTER DATED 4.10.2018 BEARING D BY THE A.E. KANJIRAPPALLY.
EXHIBIT P7(A)	TRUE COPY OF THE NO.33/18-19 ISSUE	LETTER DATED 4.10.2018 BEARING D BY THE A.E. KANJIRAPPALLY
vku/-	[TRUE COPY]

Joshy Chandy, v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Joshy Chandy, v. the District Police Chief

Case brief

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What did the court decide?

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