Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620Navas P K...
Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]
Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617
Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618
Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619
Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620
Navas P K v State of Kerala, 2024 Live Law (Ker) 621
Kerala Public Service Commission v Johnraj P & Others, 2024 LiveLaw (Ker) 622
Fr. Jose Mathai Myladath v State of Kerala, 2024 LiveLaw (Ker) 623
M/s R. K. Ventures v The District Superintendent of Police and Others, 2024 LiveLaw (Ker) 624
Anson I. J. and Others v State of Kerala and Others, 2024 LiveLaw (Ker) 625
Mrs. Fareeda Sukha Rafiq v Union of India, 2024 LiveLaw (Ker) 626
M/s. T. P. Metals & Roofings v Assistant Tax Officer and Others, 2024 LiveLaw (Ker) 627
Thottungal Padmanabha Das Sujith v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, Assistant, 2024 LiveLaw (Ker) 628
Dr P K Baby v State of Kerala, 2024 LiveLaw (Ker) 629
Adv Dheeraj Ravi v State Police Chief, 2024 LiveLaw (Ker) 630
Smt. Celin Thomas v. The Income Tax Officer, 2024 LiveLaw (Ker) 631
Ayyappan Pillai v. The State Tax Officer, 2024 LiveLaw (Ker) 632
P.K. Jayan Vs State Of Kerala, 2024 LiveLaw (Ker) 633
Judgments/ Orders This Week
Case Title: Shastra Sharman Namboothiripad and Others v State of Kerala
Citation: 2024 LiveLaw (Ker) 617
While hearing a matter on use of elephants in a festival without permission, the Kerala High Court said that taking cognizance of an offence is not a mechanical process but a "solemn function", adding that the court taking cognizance is not a rubber stamp of the investigating agency. A single judge bench of Justice P. V. Kunhikrishnan noted that this shows that the Magistrate "mechanically recorded the provisions" contained in the chargesheet without even verifying it.
Case Title: Santhosh K S v State of Kerala & Connected Cases
Citation: 2024 LiveLaw (Ker) 618
The Kerala High Court has cautioned against the delaying tactics used by the accused to prolong the proceedings under Section 138 of the Negotiable Instruments Act such as seeking forensic examination of the cheque and seeking expert opinions by summoning and examining private handwriting experts.
Case Title: Suo Motu Proceedings Initiated by High Court v State of Kerala and Others
Citation: 2024 LiveLaw (Ker) 619
The Kerala High Court has held that a person apprehending arrest should mention whether he is in India or abroad, while filing an anticipatory bail plea. The direction was given by the Division Bench comprising Justice Anil K. Narendran and Justice P. G. Ajithkumar .
Case Title: Abdul Noushad @ Noushad Ahsani v State of Kerala
Citation: 2024 LiveLaw (Ker) 620
The Kerala High Court has refused to quash proceedings initiated against a man under Section 153 of the IPC (giving provocation with intent to cause riot) and Section 119 (a) (punishment for atrocities against women) of the Kerala Police Act, who made allegations against a Muslim girl that she committed adultery and violated Shariat Law by shaking hands with the former Finance Minister of the State.
Justice P.V.Kunhikrishnan stated that the Constitution guarantees every citizen the right to follow religious practices in their own way and it is their personal choice. The Court stated that there are no compulsions in religion, especially in Islam. The Court further stated that one person cannot impose or compel another person to follow religious practices.
Case Title: Navas P K v State of Kerala
Citation: 2024 Live Law (Ker) 621
The Kerala High Court has quashed criminal proceedings against the Muslim Students Federation (MSF) State President, Navas P K for allegedly making derogatory remarks against former leaders of Haritha which is the girl's wing of the MSF.
Justice A. Badharudeen quashed the FIR, Final Report and further proceedings against Navas pending before the Judicial First Class Magistrate -IV of Kozhikode noting that the matter has been amicably settled between the parties.
Case Title: Kerala Public Service Commission v Johnraj P & Others
Citation: 2024 LiveLaw (Ker) 622
The Kerala High Court has set aside the order of the Administrative Tribunal directing the Kerala Public Service Commission to conduct a fresh driving test in a vehicle suitable for a 6 feet tall applicant, and to consider him in the selection process for the post of Forest Driver in the Forest Department.
The Division Bench of Justice A.Muhamed Mustaque And Justice Murali Purushothaman observed that there is no denial of opportunity since candidates with same height as that of the applicant cleared the driving test using the same vehicle.
Case Title: Fr. Jose Mathai Myladath v State of Kerala
Citation: 2024 LiveLaw (Ker) 623
The Kerala High Court had declined to quash proceedings against a priest who allegedly committed sexual intercourse with a lady by giving her promise to marriage, by making her believe that he would give up his priesthood.
Justice A. Badharudeen held that prime facie allegations are made out and proceedings cannot be closed against the accused. Additionally, the Court stated that filing a petition to quash the case and its subsequent withdrawal were no grounds to close the proceedings against the accused.
Case Title: M/s R. K. Ventures v The District Superintendent of Police and Others
Citation: 2024 LiveLaw (Ker) 624
The Kerala High Court has recently held that if registered head load workers working in an area covered by the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, have the required skills and experience in handling delicate/sophisticated articles, then they are to be engaged for loading and unloading work.
A single judge bench of Justice V. G. Arun came to this conclusion after adopting a "purposive interpretation" of the Kerala Headload Workers Act and Kerala Headload Workers (Regulation of Employment and Welfare) Scheme.
Case Title: Anson I. J. and Others v State of Kerala and Others
Citation: 2024 LiveLaw (Ker) 625
The Kerala High Court has held that referring to a woman as prostitute in front of others is not insulting the modesty of woman as defined under Section 509 of Indian Penal Code (IPC).
Justice A. Badharudeen noted that to constitute an offence of violating the modesty of a woman, first part of Section 509 requires that any words uttered with the intention of insulting the modesty of woman should be made with the intention that it is heard by such a woman. The Court said that the alleged act would not come under this definition.
Case Title: Mrs. Fareeda Sukha Rafiq v Union of India
Citation: 2024 LiveLaw (Ker) 626
The Kerala High Court has observed that beneficial schemes like the Public Provident Fund (PPF) encourage adults or guardians to open accounts on behalf of minors. The Court thus stated that the PPF scheme cannot be restrictively interpreted and contributions from parents and children made into separate accounts should not be calculated collectively to determine the deposit limit.
In this case, the petitioner approached the High Court seeking a direction to the Post Office to re-credit the amount which was forfeited from her and her children's account by clubbing the amounts combined in all three PPF accounts. The Post Office forfeited the amount stating that total deposit from the three accounts exceeded the statutory limits under the Public Provident Fund Scheme.
Justice Harisankar V Menon ordered the respondent post office to re-credit the amount forfeited from the accounts of the petitioners.
Case Title: M/s. T. P. Metals & Roofings v Assistant Tax Officer and Others
Citation: 2024 LiveLaw (Ker) 627
The Kerala High Court held that tax/ penalty under Section 129(1)(a) or 129(1)(b) of the CGST/ SCGST can be imposed only for violations which may lead to evasion of tax or which was done with the intention to evade or in case of repeated violations. Justice P. Gopinath said that in cases of minor discrepancies, the authorities can impose penalties after considering Sections 122 and 126 of the Acts.
Case Title: Thottungal Padmanabha Das Sujith v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, Assistant
Citation: 2024 LiveLaw (Ker) 628
The Kerala High Court set aside an order in reassessment proceedings that was issued without providing the assessee an opportunity to respond to the show cause notice.
The Bench of Justice Gopinath P. observed that the show cause notice only gave the assessee three days' to respond
Case Title: Dr P K Baby v State of Kerala
Citation: 2024 LiveLaw (Ker) 629
While quashing an FIR against a man booked under IPC Sections 354 and 354A(1) who allegedly had an altercation with a woman, the Kerala High Court observed that physical contact as part of resistance cannot be termed as an unwelcome and explicit sexual overtures.
A single judge bench of Justice A. Badharudeen observed that the petitioner was trying to implement restrictions to maintain discipline during the Youth Festival strictly and it cannot be held that he had any intent to outrage the modesty or sexually harass the de facto complainant.
Case Title: Adv Dheeraj Ravi v State Police Chief
Citation: 2024 LiveLaw (Ker) 630
The Kerala High Court has ordered a crime branch investigation into the theft conducted at the residence of the former President of the Bar Association of Kollam
Case Title: Smt. Celin Thomas v. The Income Tax Officer
Citation: 2024 LiveLaw (Ker) 631
Kerala High Court ruled that reassessment proceedings cannot be initiated against a deceased taxpayer (assessee). Justice Gopinath P. directed the competent authority to initiate fresh proceedings by issuance of notice under Section 148A(b) of the Income Tax Act, 1961 and concluding the proceedings against representative assessee (the petitioner) and to any other legal heir of late assessee.
Case Title: Ayyappan Pillai v. The State Tax Officer
Citation: 2024 LiveLaw (Ker) 632
The Kerala High Court stated that provisions of section 74 of CGST Act can be invoked if assessee fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that it is for the assessee to get his claim adjudicated by the statutory authorities under the CGST / SGST Acts.
Case Title: P.K. Jayan Vs State Of Kerala
Citation: 2024 LiveLaw (Ker) 633
A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher superannuation pension he sought.
Other Important Developments This Week
Case Title: Suo Moto v State of Kerala
Case Number: WP(CRL.) NO. 867 OF 2024
The Kerala High Court has sought a report from the State Government and prison authorities regarding the current status and amount available in the Zero Balance Subsidiary Account opened under the Support to Poor Prisoners' Scheme.
The Support to Poor Prisoners' scheme was launched by the Ministry of Home Affairs to provide aid to poor prisoners who were unable to secure bail or pay the fine imposed on them due to poor economic conditions.
Case Title: Manoj S. Nair and Another v Travancore Devaswom Board and Others
Case No: WP(C) 34716/ 2024
The Kerala High Court directed the Travancore Devaswom Board to ensure that no persons collect money from the devotees for applying Vibhoothi/ Sindoor or Chandanam in Sree Dharma Shastha Temple, Erumely. This direction was given as the Board submitted before the Court that 3 mirrors are placed in the nadapanthal and aanakottil of the temple during masapooja and mandalam-makaravilakku period where Vibhoothi/ Chandan/ Kumkum are placed. The devotees can apply it on themselves without any charge.
The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar made this order in a petition challenging the notice issued to invite tender from private agencies to manage pottukuthal.
Case Title: Adv. M Baiju Noel v State of Kerala
Case Number: WP (Crl) 1042/2024
The Kerala High Court yesterday directed to produce the case diary regarding the investigation conducted into the allegations that Minister for Fisheries, Culture, and Youth Affairs Saji Cherian made insulting remarks against the Indian Constitution.
Justice Bechu Kurian Thomas passed the above order in a plea moved by a lawyer seeking a re-investigation by the CBI. The plea alleges that the Minister committed an offence punishable under Section 2 of the Prevention of Insults to National Honour Act of 1971. It is alleged that police filed a refer report to close the investigation without even conducting a proper and fair investigation
Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala & Ors.
Case No: WP(C) No. 22750/ 2018
The Kerala High Court has observed that unauthorized Boards/ Hoardings installed in violation of its orders, particularly in the capital city of Trivandrum, is a serious issue considering the Secretaries of the Government and other authorities are seated there.
The observation was made by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/ banners and public places. The Court had earlier ordered that fine of Rs. 5000 will be collected for every unauthorised board installed. The Court has been regularly monitoring the status in the Cochin City.
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala
Case Number: WP(C) 28509/ 2024 & Connected Cases
The Kerala High Court today sought response from the Central government regarding disbursal of funds for disaster relief in Wayanad.
The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. had previously noted that the National Disaster Management Response Fund and the Prime Minister's Relief Fund have not released any amounts for Disaster Relief to the State of Kerala, after the deadly Wayanad landslides.
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala
Case Number: WP(C) 28509/ 2024 & Connected Cases
After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.
Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to pass any gag order, it expressed hope that the media will exercise due care and caution to ensure that rehabilitation efforts are not hampered.
Case Title: Suo Moto v State of Kerala
Case Number: SSCR NO. 67 OF 2024
The Kerala High Court on Friday granted permission to the Travancore Devaswom Commissioner to publish the select lists of candidates for drawing the lots on October 17 for selection of Melsanthies (Head Priests) for Sabarimala and Malikappuram Devaswoms for the year 2024-25.