Kerala High Court Weekly Round-Up: August 26 – September 1, 2024

Benzy Martin v State of Kerala, 2024 Live Law (Ker) 548

Muhammed Ramees v State of Kerala, 2024 Live Law (Ker) 549

Ibrahim v Administrator, 2024 LiveLaw (Ker) 550

Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited, 2024 Live Law (Ker) 551

Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair, 2024 Live Law (Ker) 552

Suneera T v State of Kerala , 2024 LiveLaw (Ker) 553

Judgments/ Orders This Week

KSFE Entitled To Resort To Revenue Recovery Proceedings Under Kerala Revenue Recovery Act, Not Barred By Chit Funds Act: Kerala High Court

Case Title: Benzy Martin v State of Kerala

Citation: 2024 Live Law (Ker) 548

The Kerala High Court has held that the Kerala State Financial Enterprises Limited (KSFE) is entitled to resort to revenue recovery proceedings under the Kerala Revenue Recovery Act 1968 for recovery of dues from subscribers as it has been designated as a notified institution under Section 71 of the Act.

Accused Not Entitled To Materials Affecting Privacy Of Sexual Offence Victim On Ground That Her Identity Is Already Disclosed In Public: Kerala HC

Case Title: Muhammed Ramees v State of Kerala

Citation: 2024 Live Law (Ker) 549

The Kerala High Court has recently reiterated that publishing any details which would affect the privacy of a victim of sexual assault is prohibited and to say that since her privacy has been disclosed in public by other publication modes would be enough to give the accused such details, would add "pepper" to the victim's wound.

Police Lack Authority To Adjudicate Civil Disputes, Must Refer Parties To Competent Civil Court Or ADR: Kerala High Court

Case Title: Ibrahim v Administrator

Citation: 2024 LiveLaw (Ker) 550

The Kerala High Court has observed that the police lack the power or authority to act as a Civil Court or to adjudicate civil disputes between the parties.

Justice Kauser Edappagath observed that the police cannot adjudicate civil disputes relating to title, possession, boundary, or encroachment of land and it can only refer parties in civil disputes to a competent civil court or ADR for resolution of their disputes.

Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High Court

Case Title: Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited

Citation: 2024 Live Law (Ker) 551

The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.

It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative character of Fact United Employees Liberation, a Trade Union operating in FACT's Cochin Division.

No Invariable Rule That Prescriptive Easement Right Of Way Can't Be Claimed Over Ridge Of Paddy Fields, Burden Lies On Claimant: Kerala HC

Case Title: Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair

Citation: 2024 Live Law (Ker) 552

The Kerala High Court has held that there is no absolute rule that prescriptive easement right of way cannot be claimed over ridges of paddy field. However, the Court stated that there is a heavy burden on the user who claims prescriptive easement right of way over ridges of paddy field as a matter of right, rather than as a permissive user.

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Case Title: Suneera T v State of Kerala 

Citation: 2024 LiveLaw (Ker) 553

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details.

Other Important Developments This Week

[Justice Hema Committee Report] Director V K Prakash Moves Kerala High Court Seeking Anticipatory Bail Amid Sexual Abuse Allegations

Case Title: V K Prakash v State of Kerala

Case Number: Bail Appl No. 7180/2024

Film director V K Prakash has moved an anticipatory bail application before the Kerala High Court over sexual abuse allegations made against him after the publication of the Justice Hema Committee Report, which deals with issues (including sexual demands) faced by women in the Malayalam film industry.

Kerala High Court Suggests Govt To Come Up With Scheme Incentivising People For Collecting Plastic Waste

Case Title: Suo Moto v State of Kerala and Others

Case No: WP(C) 7844/ 2023

The Kerala High Court has suggested the State government to rope in the public in collecting plastic waste by incentivising them for the waste they collect. 

The Court said the government can test the viability of this project by starting it in any one place. The government can fix a minimum quantity and the rate at which they want to buy clean plastic (plastic which is cleaned and used for recycling). The court said that based on the result of this project, it can be extended to other areas and to other recyclable materials.

No Organisation/ Association Can Register In Address Of High Court Without Consent: Kerala High Court

The Registrar of Kerala High Court has issued a letter clarifying that no organisation or association will be permitted to get registered at the address of the High Court or the High Court building, unless they provide a consent letter from the High Court.

The letter issued by the Registrar also states that organisations or associations that have registered at the High Court or the High Court building without consent have to change their address.