Kerala High Court
Kunhalan vs Sub Inspector Of Police on 27 January, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.321 OF 2020(M)
PETITIONER :
KUNHALAN,
AGED 85 YEARS,
S/O. ABU, VALAPPIL HOUSE,
EDAVANNA P.O., KALLIDUMB,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
SRI.H.PRAVEEN (KOTTARAKARA)
SRI.T.S.NEJIMUDDIN
SMT.T.V.NEEMA
RESPONDENTS :
1 SUB INSPECTOR OF POLICE,
POOKKOTTUMPADA POLICE STATION,
MALAPPURAM DISTRICT-676505.
2 HAMSA,
PUNNAPPALA HOUSE, KARULAYI P.O.,
MALAPPURAM DISTRICT-679330.
3 UMMER,
MOOTHEDATH HOUSE, KARULAYI P.O.,
MALAPPURAM DISTRICT-679330.
4 SIVARAJAN N.,
NEDUMKAYAM COLONY, KARULAYI P.O.,
MALAPPURAM DISTRICT-679330.
* ADDL.R5 & R6 IMPLEADED
5 DIVISIONAL FOREST OFFICER,
NILAMBUR SOUTH DIVISION
WP(C).No.321 OF 2020(M)
2
6 DLO, MALAPPURAM,
* R5 & R6 IS SUO MOTU IMPLEADED AS ADDITIONAL
5TH AND 6TH RESPONDENTS AS PER ORDER DATED
16-01-2020 IN WP(C) 321/2020
R1, R5 & R6 BY SR.GOVT.PLEADER
SRI.P.P.THAJUDEEN
R2-4 BY ADVS. SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.321 OF 2020(M)
3
JUDGMENT
The petitioner entered into an agreement with Divisional Forest Officer, Nilamboor for cutting down timber, poles, billets and firewood within the area of Nedumkayam Forest Station, Karulayi range. Ext.P1 is the agreement dated 21.11.2019 executed by the petitioner with DFO, Nilambur. As per Ext.P1 agreement, the petitioner has to complete the aforesaid works before 17.03.2020.
2. The petitioner approached this Court seeking police protection. The petitioner would submit that the respondents 2 and 4 and others are obstructing the petitioner in engaging mechanical devices for transporting timber logs from the forest area to the yard of forest department. The petitioner appears to be using mechanical devices for loading and unloading and transporting timber.
3. The party respondents submitted that there are around 250 scattered workers working in this area and WP(C).No.321 OF 2020(M) 4 out of them, 100 are tribals and they would submit that they have demanded their engagement on payment of minimum wages. It was further submitted that there arose a dispute between the petitioner and the party respondents and union and this resulted in the DLO convening a conciliation meeting.
4. The petitioner has been engaged by the Divisional Forest Officer, Nilambur Sub division. The petitioner has to remove the timber logs from the forest area. This is not a scheme covered area. Further, the petitioner is using mechanical devices for removing the timber logs.
5. On the last posting, this Court asked the petitioner whether he can engage tribals atleast for incidental activities relating to loading and unloading. This was taking note of the submission of the learned Government Pleader that the tribals working in this area have no other means for their livelihood other than intermittent engagement by the contractors for loading and unloading. Today, the learned counsel for the WP(C).No.321 OF 2020(M) 5 petitioner submits that he is prepared to engage 15 tribals every day. This submission is recorded.
6. The learned counsel for the party respondents would submits that this is a wild life area and the petitioner cannot use mechanical devices in a wild life area. It was further submitted that the petitioner has not obtained any permission from the wild life authority.
7. The petitioner was given contract by the Divisional Forest Officer. The petitioner is free to use mechanical devices for loading and unloading timber logs. This is not a scheme covered area. In the light of the submission made by the learned counsel for the petitioner, he is prepared to engage 15 tribals every day, the police shall afford necessary protection to the petitioner to complete the entire works, as covered by Ext.P1 agreement by engaging mechanical devices as well as 15 tribals as a manual labour for loading and unloading. The police shall ensure that no obstruction is caused to the petitioner for transporting timber logs as per Ext.P1 agreement. The petitioner shall also pay the minimum WP(C).No.321 OF 2020(M) 6 wages to the tribals so engaged. The petitioner shall engage 15 tribals every day on rotational basis out of the entire tribals available in the area.
This writ petition is disposed of as above.
Sd/-
MUHAMED MUSTAQUE JUDGE RKM WP(C).No.321 OF 2020(M) 7 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH DFO NILAMBUR DATED 21/11/2019.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT POLICE ON 05/01/2020. RESPONDENTS EXHIBITS:
EXHIBIT R3(A) THE TRUE PHOTOSTAT COPY OF THE GAZATTE NOTIFICATION PUBLISHED BY THE GOVERNMENT OF KERALA DATED 18.07.2019.
EXHIBIT R3(B) THE TRUE PHOTOSTAT COPY OF THE IDENTITY CARD ISSUED TO THE 3RD RESPONDENT BY THE ASSISTANT LABOUR OFFICER NILAMBUR.
EXHIBIT R3(C) THE TRUE PHOTOSTAT COPY OF THE IDENTITY CARD ISSUED TO THE 4TH RESPONDENT BY THE ASSISTANT LABOUR OFFICER NILAMBUR.
EXHIBIT R3(D) THE TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE ASSISTANT LABOUR OFFICER, NILAMBUR DATED 27.12.2019.
EXHIBIT R3(E) THE TRUE PHOTOSTAT COPY OF THE NOTICE OF THE DISTRICT LABOUR OFFICER MALAPPURAM DATED 31.12.2019.