Kerala High Court Monthly Digest - March 2023 [Citations 109-166]

Sabu @ Eetty Sabu v State of Kerala 2023 LiveLaw (Ker) 111

Vishnu and Others V State of Kerala and Others 2023 LiveLaw (Ker) 112

Dr. Shiby M. Thomas v. The Hon'ble Chancellor, University of Calicut & Ors. 2023 LiveLaw (Ker) 113

Rajeev A R V State of Kerala and Others 2023 LiveLaw (Ker) 114

Hotel Hillway Park V State of Kerala & Others and connected cases 2023 LiveLaw (Ker) 115

Geethakumary J. v. The District Educational Officer & Ors. 2023 LiveLaw (Ker) 116

Renjith v. State of Kerala 2023 LiveLaw (Ker) 117

The Regional Cancer Centre Employees Co-Operative Society Ltd V Pushpa and Others 2023 LiveLaw (Ker) 118

K.Sasi v. State of Kerala rep. by Chief Secretary to the Govt & Ors., 2023 LiveLaw (Ker) 119

Sunil N.S. v. State of Kerala, 2023 LiveLaw (Ker) 120

Gopal C V Central Bureau of Investigation, 2023 LiveLaw (Ker) 121

Jollyamma Joseph @ Jolly V State of Kerala, 2023 LiveLaw (Ker) 122

Bijumon & Ors v. The New India Assurance Co.,2023 LiveLaw (Ker) 123

XXXXXX V State of Kerala, 2023 LiveLaw (Ker) 124

Asianet News v. The State Police Chief & Ors., 2023 LiveLaw (Ker) 125

M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd, 2023 LiveLaw (Ker) 126

Vadekkevila Sasi V Cochin University Of Science & Technology and Others, 2023 LiveLaw (Ker) 127

XXX v. State of Kerala, 2023 LiveLaw (Ker) 128

Zehub Technopark Pvt. Ltd. v. Village Officer & Anr., 2023 LiveLaw (Ker) 129

Adv. Antony Raju v. State of Kerala and Others, 2023 LiveLaw (Ker) 130

Anil MP v Capital Finserv Ltd 2023 LiveLaw (Ker) 131

Haseeb O.P. v. Muhammas Sufiyan & Ors. and other connected matters. 2023 LiveLaw (Ker) 132

George Kurian @ Pappan v. State of Kerala & Anr. 2023 LiveLaw (Ker) 133

Haris and Others v State of Kerala and Another 2023 LiveLaw (Ker) 134

The Village International School & Anr v. State of Kerala & Ors. 2023 LiveLaw (Ker) 135

Harris T.K. v. Greater Cochin Development Authority & Anr. 2023 LiveLaw (Ker) 136

Nithin V State of Kerala 2023 LiveLaw (Ker) 137

Vinu Madhavan V State Bank Of India 2023 LiveLaw (Ker) 138

Dayal v. State of Kerala & Anr. 2023 LiveLaw (Ker) 139

New India Assurance Co. Ltd. v. Gopinathan K.K. & Ors. and Gopinathan & Ors. v. Lijo V.J. & Ors. 2023 LiveLaw (Ker) 140

I.B. Satheesh M.L.A. v. The Chancellor, APJ Abdul Kalam Technological University & Ors. 2023 LiveLaw (Ker) 141

Indira v. State of Kerala & Anr. 2023 LiveLaw (Ker) 142

Nithin Ramakrishnan V Union Of India 2023 LiveLaw (Ker) 143

Jollyamma Joseph @ Jolly V State of Kerala 2023 LiveLaw (Ker) 144

xxx v. State of Kerala 2023 LiveLaw (Ker) 145

D. Kumar v. A. Raja 2023 LiveLaw (Ker) 146

Sudheesh.U V The Revenue Divisional Officer Palakkad 2023 LiveLaw (Ker) 147

Sumesh G.S @ Sumesh Marcopolo V State Of Kerala 2023 LiveLaw (Ker) 148

Megha Oshin v State of Kerala 2023 LiveLaw (Ker) 149

Dr. Usha V. Parameswaran and Others V State of Kerala and Others 2023 LiveLaw (Ker) 150

Omar Abdul Vahab & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 151

T Peethambaran V State of Kerala 2023 LiveLaw (Ker) 152

Adv. Richard Rajesh Kumar V State of Kerala 2023 LiveLaw (Ker) 153

P.T. Jose & Ors. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 154

Kerala Public Service Commission V. Arjun Geetha & Others 2023 LiveLaw (Ker) 155

Dr. K.S. Chandrasekhar & Ors. v. The Chancellor & Ors 2023 LiveLaw (Ker) 156

Ajin K.A. & Ors. v. The Joint Deputy Director & Ors. 2023 LiveLaw (Ker) 157

A.P. Nazeer v. Union Territory of Lakshadweep & Ors. 2023 LiveLaw (Ker) 158

The Additional Chief Secretary (Revenue) & Ors. v. Kerala Lok Ayukta & Ors. 2023 LiveLaw (Ker) 159

Case Title: A. Saudamini v. Union of India & Ors.

Citation: 2023 LiveLaw (Ker) 109

The Kerala High Court held that when a person who had died in harness while being deployed in North Eastern Frontier Agency, now Arunachal Pradesh, which was directly under the administration of the Government of India at the time, the family pension liability would only be upon the Central Government and not on the Government of the State of Arunachal Pradesh.

"In the case of the petitioner’s father, his service was rendered and utilised when the Arunachal Pradesh (previously NEFA) was directly under the administration of the Government of India. Therefore, the service of late Sankaran Nair is relatable to Union purpose. The pension liability therefore cannot be fastened on the Government of the State of Arunachal Pradesh. The liability is entirely on the Union Government", the Single Judge Bench of Justice N. Nagaresh observed.

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Case Title: Vimal K. Mohanan & Anr. v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 110

The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167(2) CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over.

Single Judge Bench of Justice V.G. Arun observed,

"when faced with the Public Prosecutor's application seeking extension, or that of the accused demanding statutory bail, the court's consideration should be whether the final report was filed after completing the investigation. If the final report is found to have been filed after completing the investigation in all respects, minor defects in the report, by itself, will not confer the accused with any right to be enlarged on default bail. On the other hand, if the final report is filed without completing the investigation, in order to stultify the mandate of Section 167(2) and later returned to the investigating officer for completing the investigation, that would definitely entitle the accused to demand that he be released on default bail, if the final report, after completing the investigation and curing the defects, is not re-submitted in court before the 180th day".

Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court: Kerala High Court

Case Title: Sabu @ Eetty Sabu v State of Kerala

Citation: 2023 LiveLaw (Ker) 111

The Kerala High Court held that the absence of a test identification parade, does not necessarily invalidate identification of an accused in court.

A single bench of Justice Bechu Kurian Thomas held that: “The object of a test identification parade is to test and ascertain the trustworthiness of the evidence regarding the identification of the accused. Test identification parade is only a rule of prudence. It is intended to be a measure of corroboration of the identification of the accused by the witnesses in court, especially when the accused are strangers. However, if the ocular evidence and the identification of the accused by the witnesses in court are impressive, nothing restricts the court from relying upon the said identification, as recognising the accused in court is the substantive evidence, while test identification parade is not an evidence of that character”

State Cannot Evade Responsibility To Pay A Contractor In The Guise Of Limitation Period: Kerala High Court

Case Title: Vishnu and Others V State of Kerala and Others

Citation: 2023 LiveLaw (Ker) 112

The Kerala High held that the state cannot avoid its obligation to compensate a contractor for dues owed to him by invoking the ground of limitation.

A single bench of Justice Shaji P Chaly observed that

“Above all, in a welfare State, the State has the duty and obligation to protect the interests of its citizens, rather than finding ways and means to defeat their interests and means of livelihood. The scheme of part III of the Constitution of India dealing with ‘fundamental rights’ speaks eloquently of the responsibilities of the State to safeguard the well-being and prosperity of the citizens without fail. Therefore, when a citizen was engaged by the Government to carry out one of its activities, it had every duty to reward the person as agreed upon in the contract, even without asking for it.”

Hold Elections, Re-Constitute Senate Before June 30: Kerala High Court To Calicut University VC

Case Title: Dr. Shiby M. Thomas v. The Hon'ble Chancellor, University of Calicut & Ors.

Citation: 2023 LiveLaw (Ker) 113

The Kerala High Court directed that the Senate of the Calicut University be reconstituted after conducting the elections before June 30, 2023.

Justice Sathish Ninan passed the order in a plea filed by Dr. Shiby M. Thomas, a member of the Senate of the Calicut University that is set to complete its term of four years on March 6, 2023, alleging that the Vice Chancellor had failed to take steps for the conduct of election and re-constitution of the Senate, on time.

"In terms of Statute 13, after the publication of the electoral roll there has to be not less than 30 days before the election is notified under Statute 34. Having due consideration of the procedural formalities involved, it is ordered that, the elections shall be conducted, and the Senate re-constituted before 30th of June, 2023," the court declared.

Kerala High Court Denies Anticipatory Bail To President, Secretary & Staff Member Of BSNL Engineers Co-op Society Accused Of Misappropriating Crores

Case Title: Rajeev A R V State of Kerala and Others

Citation: 2023 LiveLaw (Ker) 114

The Kerala High Court denied pre-arrest bail to the President, Secretary and staff member of BSNL Engineers Co-operative Society who have been accused of misappropriating crores from the fixed deposits of the society.

The accused persons have been booked for misappropriating over 44 crores from the Society between 1st June 2019 and 16th June 2020. A single bench of Justice A. Badharudeen observed that while considering anticipatory bail applications for economic offences involving huge sums of money, extra care must be taken to ensure that granting such bail would not hamper the investigation.

“In this connection, it has to be observed that when persons apprehending arrest in non-bailable offences approach the Courts by resorting to Section 438 of Cr.P.C, the Courts having power to grant the relief of pre-arrest bail, not as a matter of right, but purely, as a matter of discretion, should evaluate the materials available prima facie to see the culpability of the accused and the consequence of granting pre-arrest bail. If grant of pre-arrest bail is akin to hampering the investigation where arrest and custodial interrogation are necessary, the Courts shall not exercise the discretion in favour of the persons who seek the discretionary relief. When misappropriation of huge amount of money is involved, the care must be more, in order to ensure that effective investigation shall not either be stalled or disturbed by granting pre-arrest bail".

There Would Be Reduced Instances Of Violence If Access To Liquor Is Prohibited Around Areas Of Religious Festivals: Kerala High Court

Case Title: Hotel Hillway Park V State of Kerala & Others and connected cases

Citation: 2023 LiveLaw (Ker) 115

The Kerala High Court observed that when the sale of liquor is prohibited for a few days with the object of maintaining peace, preserving public order and for public good, commercial interests takes a back seat, even if it means experiencing a disruption in sales.

A division bench comprising Justice K Vinod Chandran and Justice C. Jayachandran was hearing a batch of appeals and writ petitions filed challenging the order of the lower court that refused to stay the orders by two District Collectors that prohibited FL3 licensees and licensed toddy shops from selling liquor for a few days around three different locations where religious festivals were being held.

On addressing the concerns of the appellant about the huge losses they have to incur due to such bans, the court said: “We quite understand that the licensees have made substantial investments to carry on liquor vending, both foreign liquor and toddy. The disruption of sales for one or two days especially with the object of maintaining peace, for public good and preservation of public order, relegates commercial considerations to the back seat”.

[Kerala Education Rules] Acharya Certificate Issued By Hindi Prachar Sabha Can Be Treated As Collegiate Training Such As B.Ed: High Court

Case Title: Geethakumary J. v. The District Educational Officer & Ors.

Citation: 2023 LiveLaw (Ker) 116

The Kerala High Court held that the the Acharya certificate issued by the Kerala Hindi Prachar Sabha can be treated as a collegiate training such as B.T, L.T or B.Ed as provided under Explanation I to Rule 44A of Chapter XIV(A) of Kerala Education Rules (KER).

Justice P.V. Kunhikrishnan passed the above order while considering a case relating to promotion of a High School Assistant to the post of Headmaster following 13 years of graduate service.

"For deciding the same, this Court has to read Rule (2) of Chapter XXXI of KER read with Explanation (1) to Rule 44A of Chapter XIV(A) of KER. There the graduate service is explained to the effect that the graduate service should be after acquisition of collegiate training such as B.T, L.T or B.Ed. Rule 44A Chapter of XIV(A) also states the minimum qualification for appointment as Headmaster. Since the explanation clearly says that after acquisition of collegiate training such as B.T, L.T or B.Ed, the candidate should be in graduate service as defined in that explanation. Hence it is clear that the qualification of B.T, L.T or B.Ed alone are not included but such other qualifications are also included," the Court observed.

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court

Case Title: Renjith v. State of Kerala

Citation: 2023 LiveLaw (Ker) 117

The Kerala High Court held that the bail granted in one crime cannot be cancelled merely because the accused has been subsequently booked in another case.

Justice Bechu Kurian Thomas observed that a bail that had once been granted ought not to be cancelled on the mere asking, but that there ought to be cogent and overwhelming circumstances existing to cancel the bail.

"The mere registration of a subsequent crime against the accused by itself cannot result in an automatic cancellation of bail. Registration of a subsequent crime is only an indication of an allegation or a complaint of the accused having been involved in a subsequent crime. The presumption of innocence available to the accused in the second crime, the right to liberty as a fundamental right under Article 21 of the Constitution of India which envelopes every provision of the Code of Criminal Procedure are factors which cannot be forgotten by the Court when called upon to cancel the bail. The possibility of false accusations being alleged with oblique motives also cannot be ignored. The nature of the subsequent offence and the persons against whom the offence is alleged to have been committed, the stage of the case wherein cancellation is sought are also factors that require appreciation. Apart from the above, while arriving at the conclusion to cancel the bail, the Court must also consider whether the accused had misused the liberty granted in such a manner that it has a tendency to interfere with the due course of the administration of justice. Thus, every case presents a unique situation and close scrutiny ought to be indulged in to identify whether overwhelming circumstances are indeed present in the subsequent crime which necessitates the cancellation of bail earlier granted," the Court observed.

Lokayukta Empowered To Decide Contract Cases Having Commercial Relations If Complainant Alleges Harassment: Kerala High Court

Case Title: The Regional Cancer Centre Employees Co-Operative Society Ltd V Pushpa and Others

Citation: 2023 LiveLaw (Ker) 118

The Kerala High Court dismissed the pleas filed by Regional Cancer Centre (RCC) Employees Co-operative Society challenging the order of the Lokayukta that had ruled in favour of certain low paid Class-IV employees working as cleaners at the RCC.

The complainants before the Lokayukta, who were employees of RCC had stood as sureties to one of the employees for a loan of Rs.3 lakh. When the loanee defaulted in repayment of the loan, the Society started to recover the money from the monthly salary of the complainants that stood as sureties. This was challenged by the complainants before the Lokayukta.

A division bench comprising of Chief Justice S.Manikumar and Justice Murali Purushothaman was hearing the pleas filed by the RCC Co-operative Society against the order of the Lokayukta.

Case Title: K.Sasi v. State of Kerala rep. by Chief Secretary to the Govt & Ors.

Citation: 2023 LiveLaw (Ker) 119

The Kerala High Court held that merely because there is a typographical error in showing the designation of the person accused in the sanction order to prosecute such person under Section 19(1)(b) of the Prevention of Corruption Act (P.C. Act), it cannot be said that the sanction order is bad.

Justice Kauser Edappagath passed the above order and observed,

"For the simple reason that there is a typographical error in showing the designation of the petitioner, it cannot be said that the sanction issued is bad. The question whether the sanctioning authority has applied his mind or not, is something which cannot be agitated in a writ petition".

Kerala High Court Refuses Bail To Pulsar Suni In 2017 Actor Assault Case

Case Title: Sunil N.S. v. State of Kerala

Citation: 2023 LiveLaw (Ker) 120

The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case.

Justice P.V. Kunhikrishnan while dismissing the bail application, observed,

"The prosecution case is very serious. The prosecution case is that, the victim was taken in a car and she was sexually harassed brutally by the petitioner/accused and others turning a deaf ear to her begging to release her. A conspiracy is also alleged. Whether the victim is a cine artist or not is not at all a factor. The prosecution case is that a lady was brutally attacked. The truth has to come out after the trial. Simply because the petitioner/accused is in jail for six years, it cannot be a ground to release him in such a serious case. The prosecution and the Court are taking every possible effort to conclude the trial as expeditiously as possible. The Apex Court is also supervising the trial and is granting time to the Trial Court to complete the trial. The Trial Court now says that the sessions case itself can be disposed of within six months. I believe that in such a situation this Court need not entertain this bail application. Whether the prosecution succeed in this case or the defence succeed in this case is not a criteria in these types of cases. When there is serious allegation against an accused affecting the conscience of the society, this Court cannot allow bail application solely on the ground of personal liberty".

Witness Examination Through Virtual Mode Does Not Affect The Rights Of Accused

Case Title: Gopal C V Central Bureau of Investigation

Citation: 2023 LiveLaw (Ker) 121

The Kerala High Court held that the examination of a witness during trial may be conducted through video linkage mode as per the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021 and that the same would not affect the rights of the accused.

A single bench of Justice A Badharudeen noted that under Rule 8(25) Electronic Video Linkage Rules for Courts (Kerala), 2021 witness examination via video conferencing is to be treated as compliance of the provisions of the Code of Criminal Procedure 1973, Code of Civil Procedure, 1908, Criminal Rules of Practice, Kerala and Civil Rules of Practice, Kerala. It is also applicable to any other law requiring personal appearance of parties in Subordinate Courts or Tribunals in relation to any enquiry, trial or any other proceedings, the court noted.

[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly Joseph

Case Title: Jollyamma Joseph @ Jolly V State of Kerala

Citation: 2023 LiveLaw (Ker) 122

The Kerala High Court refused to interfere with the trial court proceedings against Jolly Joseph in connection with the murder of her first husband, Roy Thomas. Jolly had filed a revision petition challenging the order of the sessions court which had dismissed her discharge petition.

Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been accused of murdering six of her family members over a span of 17 years primarily using cyanide. She has been charged with killing members of her family including her first husband Roy Thomas with the motive to take control of the family property.

[Motor Accident] Kerala High Court Adopts Notional Income Of Deceased Child As ₹30,000; Enhances Compensation Under 'Loss Of Dependency'

Case Title: Bijumon & Ors v. The New India Assurance Co.

Citation: 2023 LiveLaw (Ker) 123

The Kerala High Court enhanced the compensation awarded by a Motor Accident Tribunal under the head of 'Loss of Dependancy' to the parents and sibling of a deceased child, who had been a victim of a motor accident.

Justice Devan Ramachandran, relying on various precedents, adopted Rs.30,000/- as the notional income of the deceased child in the present case, and thereby partly allowed the appeal, and enhanced the compensation under the aforementioned head of 'Loss of Dependancy'.

'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody

Case Title: XXXXXX V State of Kerala

Citation: 2023 LiveLaw (Ker) 124

The Kerala High Court held that while considering bail applications related to offences under the POCSO Act that involve allegations of child abuse by a parent, courts should approach the matter with great care, especially when there is litigation between parents over the custody of the child.

A single bench of Justice Ziyad Rahman while allowing a bail application filed by a father who was accused of sexually assaulting his 10 year old son cautioned that :

“In such cases, when the materials placed before the court evoke a reasonable suspicion as to the veracity of the allegations, the courts should not hesitate to invoke the powers under section 438 of the Cr.P.C. What is at stake is someone’s personal liberty, integrity, dignity and sometimes, the life itself. The power under section 438 is an important tool for the court to protect the personal liberty of the persons, which is one of the fundamental rights guaranteed under the Constitution of India”

Police Bound To Grant Protection To Asianet News Channel If Protests Against It Turn Violent : Kerala High Court

Case Title: Asianet News v. The State Police Chief & Ors.

Citation: 2023 LiveLaw (Ker) 125

The Kerala High Court directed that the units of Malayalam news channel Asianet News should be granted effective police protection if protests against the channel turn violent. The channel is facing protests over allegations that in November 2022 it aired a staged interview in which a minor girl was made to say that she was a victim of drug abuse and sexual exploitation.

The channel had approached the High Court alleging that a group of nearly 30 activists of the Students Federation of India (SFI), the students wing of the ruling party, violently and forcefully trespassed into its office at Kochi and intimidated the staff on March 3, 2023.

Jurisdiction To Execute An Arbitral Award Is With District Court, Not Commercial Court

Case Title: M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd.

Citation: 2023 LiveLaw (Ker) 126

The Kerala High Court held that the District Court has the jurisdiction to execute an arbitral award and the commercial court has not been conferred such jurisdiction under the Commercial Courts Act, 2015.

A single bench of Justice C S Dias evaluated the scheme of the Commercial Courts Act, 2015 to answer whether a commercial court was given jurisdiction to entertain an execution petition filed in connection with an arbitration award:

“Going by the scheme of the C.C. Act, the express exclusion of suits and applications reserved for judgment from the purview of transfer and the conscious omission of the provisions relating to execution proceedings under the Code of Civil Procedure in the schedule to the C.C. Act, urges me to agree and endorse the ratio decidendi in Shaji Augustine (supra), that applications mentioned in Section 15 of the C.C. Act do not include execution applications.”

Nomination Of A Candidate For Elections Cannot Be Rejected Due To Immaterial Defects: Kerala High Court Reiterates

Case Tile: Vadekkevila Sasi V Cochin University Of Science & Technology and Others

Citation: 2023 LiveLaw (Ker) 127

The Kerala High Court reiterated that the nomination of a candidate for elections cannot be rejected on trivial grounds and that if there is substantial compliance, the nomination paper ought to be accepted.

A single bench of Justice Viju Abraham was considering the plea of an aspiring candidate who had filed for nomination for election to the Senate and Academic Council of the Cochin University. The petitioner wished to contest the election from the constituency of “Presidents of all the registered Trade Unions in the State”. Two members to the Cochin University Senate are usually selected by registered Trade Unions in the state, from among themselves.

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

Case Title: XXX v. State of Kerala

Citation: 2023 LiveLaw (Ker) 128

The Kerala High Court granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act (POCSO Act), on doubting the veracity of the prosecution version.

Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the alleged incident.

"There is absolutely no allegation of rape alleged to have been taken place in the year 2017. It appears that on the next day, a crime was registered against the victim on the complaint of the applicant for the offence punishable under Section 326 of Indian Penal Code as Crime No. 2148/2022".

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Case Title: Zehub Technopark Pvt. Ltd. v. Village Officer & Anr.

Citation: 2023 LiveLaw (Ker) 129

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Court further permitted the payment of basic land tax by the petitioner company in its name.

The Single Judge Bench of Justice Gopinath P. observed,

"Even in respect of cases where proceedings have been initiated, in respect of excess land, part of which has been sold to third parties, this Court has directed that subject to the finalisation of the proceedings and without in any manner affecting such proceedings, mutation can be effected and the land tax can be accepted from such third parties".

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds

Case Title: Adv. Antony Raju v. State of Kerala and Others

Citation: 2023 LiveLaw (Ker) 130

Citing technical reasons, the Kerala High Court quashed the trial court proceedings against Transport Minister of Kerala, Antony Raju in connection with the evidence tampering case against the Minister pending before Judicial First Class Magistrate Court, Nedumangad, in Thiruvananthapuram.

However, the single bench of Justice Ziyad Rahman clarified that this would not preclude the competent authority or the court concerned from taking up the matter and pursuing the prosecution in compliance with the procedure contemplated under Section 195(1)(b) of the Code of Criminal Procedure.

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court

Case Title: Anil MP V Capital Finserv Ltd

Citation: 2023 LiveLaw (Ker) 131

The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons.

A single bench of Justice C S Dias observed that under Section 16 of Commercial Courts Act, 2015, the Code of Civil Procedure,1908 will stand amended while being applied to commercial disputes as set out in the Schedule to the Commercial Courts Act. As a result, Orders V and VIII of the CPC have been amended by the Schedule. As per the amended provision, a defendant has to file the written statement within 120 days of the service of summons. If the defendant fails to do so, the right to file a written statement in the suit stands forfeited and the court will refuse to accept the written statement on record at a later stage.

Kerala High Court Issues Additional Directions For Efficient Implementation Of Reservation For Differently Abled In Aided School Appointments

Case Title: Haseeb O.P. v. Muhammas Sufiyan & Ors. and other connected matters.

Citation: 2023 LiveLaw (Ker) 132

The Kerala High Court modified the order of a single bench that directed the State to give effect to its 2018 decision regarding reservation for employment in favour of persons with disabilities in aided educational institutions and also to take immediate steps to address the backlog in the appointments in the arising vacancies.

The Division Bench comprising Justice P.B. Suresh Kumar and Justice Sophy Thomas said:

1. The State's Educational Officers must provisionally approve appointments made for vacancies set aside for individuals with disabilities that arose between18.11.2018 and 08.11.2023, as long as the appointments are in order. These vacancies should be treated as temporary, and the approval will only be valid until the incumbents who are regularly appointed take charge. The officers should also ensure that the pay and allowances due to these individuals are disbursed. 2. If, despite following the detailed procedure prescribed by the government, regular appointments cannot be made for the vacancies mentioned in direction (1), the vacancies can be treated as substantive, and the approvals already granted can be made permanent. 3. Even if regular appointments are made for the vacancies mentioned in direction (1), the concerned teacher should be absorbed into the next immediate vacancy in the same school or any school under the same management, provided they are qualified for such appointment. The teachers should be treated as claimants under Rule 51A of Chapter XIVA of the Kerala Education Rules. 4. The Managers of all aided schools can hire individuals on a daily wage basis to fill vacancies that arose after November 8th, 2021, until they fully comply with the directions contained in the judgment of the single bench and the judgment in appeal.

Three Grounds For Grant Of Bail In Susantha Ghosh Case By Apex Court Not Exhaustive; Kerala High Court Enumerates Other Factors

Case Title: George Kurian @ Pappan v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 133

The Kerala High Court recently held that the three factors laid down in Susanta Ghosh v. State of West Bengal (2012) by the Apex Court while considering grant of bail to an accused, namely, chances of tampering with the evidence; chances of interfering with the investigation; and chances of absconding, are not exhaustive.

The Single Judge Bench of Justice A. Badharudeen ascertained that there are several other factors which also govern the grant of bail, and enumerated the same.

Kerala High Court Refuses To Defer Trial In Ranjith Sreenivasan Murder Case, Says Supplementary Chargesheet Against Conspirators Can Be Filed Later

Case Title: Haris and Others V State of Kerala and Another

Citation: 2023 LiveLaw (Ker) 134

The Kerala High Court recently refused to defer the trial of 15 persons who are accused of murdering BJP leader Ranjith Sreenivasan on account of political rivalry. The accused are said to be the Socialist Democratic Party of India/Popular Front of India (SDPI/PFI) workers. The accused persons allegedly had gathered in an unlawful assembly and committed Sreenivasan's murder with deadly weapons like hatchets and hammers in December 2021.

The investigation officer last year submitted the final report against accused 1 to 15 who allegedly committed the murder. Accused Nos.16 to 35, the petitioners who approached the high court, allegedly participated in the larger conspiracy which led to the murder. However the investigation officer reserved the liberty to submit an additional chargesheet after completing the investigation against them.

The plea filed by Accused 16 to 35 challenging the “split-chargesheet” filed by the investigation officer was dismissed by a single bench of Justice K Babu.

Schools Not Required To Obtain From State “Formal Prior Recognition Letter” Every 5 Yrs To Continue Affiliation: CBSE To Kerala High Court

Case Title: The Village International School & Anr v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 135

The Central Board of Secondary Education (CBSE) recently informed the Kerala High Court that the 'Formal Prior Recognition Letter' issued by the State Government to schools under the Right of Children to Free and Compulsory Education Rules ('RTE Rules'), Kerala, is not confined to any particular period, and that no further such recognition letter would be necessary for extending the affiliation to the Board every five years.

It was further informed by the Standing Counsel of CBSE S. Nirmal that as per the latest Handbook issued by the CBSE, Schools also had the option to produce a 'System Generated Self Certification/System Generated DEO Certificate' with respect to the aspects mentioned in Appendix-III of the Affiliation Bye-Laws and that the CBSE would act upon the same while processing the application for continuation of affiliation.

The Single Judge Bench of Justice Devan Ramachandran, thus observed in this regard that the said stand of the CBSE, "renders the position ineluctably clear that, the schools now have the option of approaching them for continuing their self affiliation based on their own certification or a System Generated Certification; and it is only if the same is found to be insufficient and they being so informed by the CBSE, would they then require to apply for and obtain the certificate as per Appendix - III of the “Affiliation Bye-Laws”, from the Educational Authority".

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court

Case Title: Harris T.K. v. Greater Cochin Development Authority & Anr.

Citation: 2023 LiveLaw (Ker) 136

The Kerala High Court recently held that a rank trespasser has no recognition under law as far as illegal occupation of a public premise is concerned, and that the Court cannot accord such person with some sort of protection regarding the illegal use of the premise.

The Court in this case was dealing with a rank trespasser who was an occupant of a room in Greater Cochin Development Authority (GCDA), and had trespassed into the common area. He had no case that the said area had been let out to him or even that he had been permitted to use it. However, he claimed that he could not be removed except under the procedure established by law, as contemplated by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter, 'Act, 1971').

Elucidating that the Act,1971 is an enactment for eviction of unauthorized occupants of public premises, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen went on to observe that the same postulates that the occupant but for termination, is deemed to have a relationship of that between the public authority and the occupant.

"For example, if he is an occupant of a room in GCDA by way of lease or licence, if his jural relationship comes to an end by invoking the provisions of the contract or the provisions of law, he can only be evicted by invoking the Public Premises (Eviction of Unauthorised Occupants) Act, 1971," the Bench explained in the appeal before it.

Police Officer Is Gazetted Officer For Search Of A Person U/S 50 NDPS Act Unless He Is Part Of Investigating Team: Kerala High Court

Case Title: Nithin V State of Kerala

Citation: 2023 LiveLaw (Ker) 137

The Kerala High Court recently held that any police officer being a gazetted officer would be competent to conduct a search under Section 50 (conditions under which search of persons shall be conducted) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The only exception to this would be a police officer part of the detecting or investigating team, as such an officer could not be considered an independent officer for the purposes of the search.

The court also clarified that ensuring the presence of the gazetted officer at the place of search, instead of taking the accused to the gazetted officer would not be considered non-compliance of Section 50 of the NDPS Act.

A single bench of Justice A Badharudeen was considering the bail application of a man who was arrested for possession of 0.9 grams of MDMA intended for sale which is punishable under the NDPS Act.

When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court

Case Title: Vinu Madhavan V State Bank Of India

Citation: 2023 LiveLaw (Ker) 138

The Kerala High Court held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower.

A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner during the subsistence of the mortgage, however the interest of the Bank is protected by closing the loan account, the Bank is not entitled to withhold the security documents on the ground that the petitioner has transferred the property during the subsistence of the mortgage.”

IOs, Public Prosecutors Can’t Casually Seek Extension Of Time For Completing Probe In NDPS Cases, Requisite Training Be Imparted: Kerala High Court

Case Title: Dayal v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 139

Observing that investigating officers and public prosecutors in many cases are showing laxity in properly framing and submitting petitions under Section 36A (4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Kerala High Court has asked the Director General of Prosecution and Director General of Police to take appropriate action for imparting requisite training and refresher courses to the officers.

"The necessity of clearly setting out the twin requirements for seeking extension of detention of accused beyond 180 days cannot be overlooked or dealt with in a casual manner under any circumstance. This is an aspect that should engage the attention of the Director General of Prosecution and the Director General of Police," Justice V. G. Arun said.

Senior Citizen Offsprings Of 94-Yr-Old Who Died In Road Accident Entitled To Compensation For 'Loss Of Parental Consortium': Kerala High Court

Case Title: New India Assurance Co. Ltd. v. Gopinathan K.K. & Ors. and Gopinathan & Ors. v. Lijo V.J. & Ors.

Citation: 2023 LiveLaw (Ker) 140

The Kerala High Court recently considered the issue as to whether the children of a nonagenarian road accident victim, who are themselves senior citizens, would be entitled to compensation for 'Loss of Parental Consortium'.

Noting that the Tribunal had awarded an amount of Rs. 40,000/- under the head 'Loss of Love and Affection', which was challenged by the counsels for the Insurance Company on the ground that no amount could have been granted under that head since the claimants of the deceased were all senior citizens themselves, the Single Judge Bench of Justice Devan Ramachandran observed,

"I am afraid that this argument is too farfetched to be even countenanced because, whatever be the age of the father or the children, their relationship continues till the end; and for every father, his offsprings are always children".

Kerala High Court Quashes Governor's Order Suspending KTU Syndicate Resolutions

Case Title: I.B. Satheesh M.L.A. v. The Chancellor, APJ Abdul Kalam Technological University & Ors.

Citation: 2023 LiveLaw (Ker) 141

The Kerala High Court quashed the order of the Chancellor of the APJ Abdul Kalam Technological University, Arif Mohammed Khan, who is also the Governor of the State, suspending the resolutions issued by the Syndicate and Board of Governors of the University.

Justice Sathish Ninan passed the above order noting that the proviso to Section 10(3) of the APJ Abdul Kalam Technological University Act, 2015 (hereinafter, 'Act, 2015') contemplates the opportunity to show cause before the issuance of any such order suspending or modifying any resolution of any authority.

"When the power is traced under a statutory provision, compliance in terms thereof is the mandate. Where the law prescribes a thing to be done in a particular manner and following a particular procedure, it shall be done in the same manner following the provisions of law, without deviating from the prescribed procedure," the Court observed.

Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding

Case Title: Indira v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 142

The Kerala High Court granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel.

Justice Bechu Kurian Thomas, while allowing the petition, observed,

"... this Court cannot be oblivious to the glorious right to liberty enshrined in Article 21 of the Constitution of India. The liberty of every individual and the right to life guaranteed under the aforesaid constitutional provision has been interpreted to include the right to live with human dignity. Though a convict, petitioner’s husband also enjoys the facets of right to life and liberty within the limits of law. Normally the opportunity to participate in the wedding of a daughter has to be treated as part of that liberty. When the statute permits the grant of emergency parole, there is no reason why such a facet of his liberty ought to be denied to him despite him being a convict".

Kerala High Court Asks Centre To Consider Allowing Vehicles To Pass Without Paying Toll During Busy Hours

Case Title: Nithin Ramakrishnan V Union Of India

Citation: 2023 LiveLaw (Ker) 143

The Kerala High Court asked the Centre to consider allowing vehicles to pass through toll booths without paying toll during busy hours of traffic when the queue of vehicles is long.

A division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen asked the Union Government to consider giving retrospective effect to the Policy Circular dated 24.5.2021 of the NHAI Policy Guidelines/ Management of Plaza, 2021 which provides for lifting of the boom barrier to allow free flow of traffic anytime the queue of vehicles in any lanes becomes longer than 100 meters. This free flow of traffic without collecting toll amount will be allowed till the queue comes within 100 meters, according to the circular.

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case

Case Title: Jollyamma Joseph @ Jolly V State of Kerala

Citation: 2023 LiveLaw (Ker) 144

The Kerala High Court refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused.

A single bench of Justice Bechu Kurian Thomas said,

"Unless the applicant is able to show that prejudice has been caused on account of the order directing in-camera proceedings to be held, this Court ought not, in exercise of the inherent jurisdiction, interfere with the satisfaction exercised by the trial Judge".

False Promise Of Marriage: Kerala High Court Refuses To Quash Rape Case, Says Accused Obtained Consent Only For Sexual Relations

xxx v. State of Kerala

Citation: 2023 LiveLaw (Ker) 145

The Kerala High Court recently refused to quash the criminal proceedings that had been initiated against a person for allegedly raping a woman under the false promise of marriage, on the ground that the facts prima facie established that he had never intended to marry her.

Justice K. Babu perused Section 90 of the Indian Penal Code which refers to the expression 'consent', and noted that for the purposes of Section 375, consent requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent.

‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency

Case Title: D. Kumar v. A. Raja

Citation: 2023 LiveLaw (Ker) 146

The Kerala High Court declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void.

Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.

[Kerala Wetland Act] Property Cannot Be Termed 'Paddy Land' For Sole Reason That It Is Lying Fallow: High Court

Case Title: Sudheesh.U V The Revenue Divisional Officer Palakkad

Citation: 2023 LiveLaw (Ker) 147

The Kerala High Court recently reiterated that a property cannot be termed as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for the sole reason that property is lying as fallow. The court observed that the Revenue Divisional Officer must also be satisfied that the land is suitable for paddy cultivation apart from it being fallow, for it to fall under the category of paddy land under the 2008 Act.

A single bench of Justice Viju Abraham observed that: “Going by the definition in Section 2(xii) of “paddy land” in the Act, 2008, to bring in a land within the definition of paddy land, it should be suitable for paddy cultivation, but uncultivated and left fallow. Just for the reason that the property is left fallow, the land cannot be brought within the definition of paddy land but the Revenue Divisional Officer should be satisfied that the land is suitable for paddy cultivation and left fallow and therefore only on satisfaction of the said twin conditions that a land could be treated as paddy land coming under the definition of Section 2(xii) of the Act, 2008.”

Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels

Case Title: Sumesh G.S @ Sumesh Marcopolo V State Of Kerala

Citation: 2023 LiveLaw (Ker) 148

The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of a woman and said it is disheartening to note that some online news channels "are in the habit of publishing sleaze more than news."

A single bench of Justice VG Arun while criticising the recent media trend of publishing private content of individuals in the name of news said: “In my opinion, publication of another person's private moments for public viewing is, by itself, an offensive act, even if there is no law preventing such action. No person, whether it be the media or Governmental agencies, have the right to peep into the private lives of the citizens of this country, without there being a valid reason.”

Preventive Detention Order Can Be Passed Against Person Already In Judicial Custody On Subjective Satisfaction Of Detaining Authority: Kerala High Court

Case Title: Megha Oshin v State of Kerala

Citation: 2023 LiveLaw (Ker) 149

The Kerala High Court recently held that an order of preventive detention can be passed against a person already in judicial custody if the detaining authority is satisfied of its necessity.

A division bench comprising of Justice Alexander Thomas and Justice C.S. Sudha held that based on parameters such as the immediate possibility of release of the detenu from judicial custody and if released on bail, the likelihood to continue to indulge in prejudicial activities must be considered by the detaining authority while passing an order of preventive detention when the person is already in judicial custody.

Prescribing Qualifications In Addition To UGC's Minimum Qualification For Teaching Posts To ‘Uplift Education Quality’ Constitutional: Kerala High Court

Case Title: Dr. Usha V. Parameswaran and Others V State of Kerala and Others

Citation: 2023 LiveLaw (Ker) 150

The Kerala High Court recently upheld the constitutional validity of Section 45A of the Kerala University of Fisheries and Ocean Studies Act, 2010 (KUFOS Act) on the ground that the qualifications for teaching posts prescribed in addition to the UGC Regulations is for uplifting the quality of education.

A single bench of Justice Sathish Ninan was considering a plea challenging the constitutional validity of Section 45A of the KUFOS Act on the ground that it was repugnant to the qualifications prescribed by the University Grants Commission (UGC) Regulations. The petitioners also challenged the employment notification issued by the Kerala University Of Fisheries And Ocean Studies for filling up posts prescribing the above qualifications.

Enacting Movie Scene Doesn't Mean Actors Actually Consumed MDMA: Kerala High Court Quashes NDPS Case Against Makers Of 'Nalla Samayam'

Case Title: Omar Abdul Vahab & Anr. v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 151

The Kerala High Court recently quashed the criminal proceedings that had been initiated against the Director and Producer of the Malayalam movie 'Nalla Samayam' on the allegation that trailer of the movie depicted a scene wherein one of the characters lauded MDMA to give energy and happiness to users.

Justice V.G. Arun observed that Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) which stipulates punishment for consumption of narcotic drug or psychotropic substance would not apply, since mere enactment of scenes in a movie could not lead to the assumption that the actors had actually done what they had enacted.

"I am certain that Section 27 will not apply, since enactment of scenes in a movie cannot lead to the assumption that the actors had actually done what they had enacted. If that reasoning is adopted, actors in villainous roles stand the risk of being tried and convicted for murder, arson and rape," the Court observed.

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court

Case Title: T Peethambaran V State of Kerala

Citation: 2023 LiveLaw (Ker) 152

The Kerala High Court held that when a victim belatedly files an appeal against a judgement of acquittal, it is not essential to file an application for condonation of delay and that an affidavit explaining the delay would suffice.

The court also held that it is not necessary for the appellate court to pass a specific order in relation to the delay.

A single bench of Justice Bechu Kurian Thomas observed, “A delay condonation petition is not required to be filed by a victim who prefers an appeal even after a delay of more than 90 days. The only requirement is to file an affidavit explaining the delay. If the Appellate Court is satisfied with the explanations offered, the court is entitled to proceed to consider admission of the appeal.”

Article 243ZE | Kerala High Court Directs State To Constitute Metropolitan Planning Committee For Kochi Without Further Delay

Case Title: Adv. Richard Rajesh Kumar V State of Kerala

Citation: 2023 LiveLaw (Ker) 153

The Kerala High Court recently directed the State Government to complete the process of constituting the Metropolitan Planning Committee (MPC) for Kochi as mandated under Article 243ZE of the Constitution without further delay.

A division bench comprising Chief Justice S Manikumar and Justice Murali Purushothaman while considering a Public Interest Litigation (PIL) filed by natives of Kochi City, recorded the submission of the Additional Chief Secretary that the setting up of the Metropolitan Planning Committee was already in motion. The court also directed the State to take immediate steps to form the Kochi Metropolitan Development Authority, to ensure proper urban planning for the Kochi Metropolitan area:

“Having given due consideration to the material on record, in particular, the averments that steps have been taken to constitute a Metropolitan Planning Committee for the Metropolitan area of Kochi, as mandated under Article 243ZE, taking note of the length of time, i.e. nearly 2 decades, we direct the Chief Secretary, Secretariat, Thiruvananthapuram, the Additional Chief Secretary to the Government, Local Self Government Department, Thiruvananthapuram, and the Principal Director, Local Self Government Department, respondents 1, 3 and 4 respectively, to finalize the preparation of the process already undertaken and as explained in the foregoing paragraphs of the counter affidavit filed by the 3rd respondent, and constitute the Metropolitan Planning Committee for Kochi, as mandated under Article 243 ZE, and also to take immediate steps for the formation of Kochi Metropolitan Development Authority, for the purpose of implementing, coordinating and supervising the orderly development of Kochi Metropolitan area, within four months from the date of receipt of a copy of this judgment.”

No Criminal Action Merely On Allegation Of Wrong Order Passed By Public Servant: Kerala HC Quashes Corruption Case Against Deputy Collector, Others

Case Title: P.T. Jose & Ors. v. State of Kerala & Anr. and other connected matters

Citation: 2023 LiveLaw (Ker) 154

The Kerala High Court has made it clear that criminal proceeding cannot be initiated against a public servant merely on the ground that a wrong or incorrect order was passed by him/her.

Stating thus, it quashed the FIR and proceedings initiated against Taluk Land Board Chairman, Deputy Collector (LR) and Tahsildar of Thrissur, other Board members under the Prevention of Corruption Act.

Justice Kauser Edappagath found the prosecution case unsustainable, no allegation of any illegal gratification was made. It observed, "If a public servant acting as a quasi-judicial authority under a statute passes an order and if such order is in favour of a person other than the Government, any pecuniary advantage obtained by such person by virtue of such order, cannot be the basis for prosecution of the public servant under the PC Act, unless there is an allegation that he was actuated by extraneous considerations or oblique motives in passing the order."

Kerala High Court Dismisses Public Service Commission's Plea Against KAT Order Permitting Transgender Person To Apply

Case Title: Kerala Public Service Commission V. Arjun Geetha & Others

Citation: 2023 LiveLaw (Ker) 155

The Kerala High Court recently dismissed the plea of the Kerala Public Service Commission (KPSC) challenging the interim order of the Kerala Administrative Tribunal that had permitted a transman by the name of Arjun Geetha, to apply for the post of Sub Inspector of Police (Trainee) in Armed Police Battalion.

A division bench comprising Justice S V Bhatti and Justice Basant Balaji considering the plea of the Public Service Commission stated, “we are compelled to observe that the State Government/2nd respondent examine protection granted to the transgender persons by the Act, and the needful is done without subjecting them to avoidable litigation”.

Doctrine Of Pleasure Subject To Rule Of Law: Kerala High Court Quashes Governor's Order Removing 15 Senate Members From Kerala University

Case Title: Dr. K.S. Chandrasekhar & Ors. v. The Chancellor & Ors

Citation: 2023 LiveLaw (Ker) 156

The Kerala High Court quashed the order of Governor Arif Mohammed Khan, Chancellor of the University of Kerala, withdrawing the nomination of 15 members of the University Senate.

A single bench of Justice Sathish Ninan held that the order of the Chancellor withdrawing the nominations of the members invoking the doctrine of pleasure was unsustainable in law and arbitrary:

“it is evident that the order is not based on any reason, but, was rather founded on prejudice. It was an unreasoned act, without regard to the facts and circumstances”, the court observed.

Deputationist Has No Indefeasible Right To Continue In Borrowing Department, Repatriation Permissible If Work Not Satisfactory: Kerala High Court

Case Title: Ajin K.A. & Ors. v. The Joint Deputy Director & Ors.

Citation: 2023 LiveLaw (Ker) 157

The Kerala High Court dismissed the petition filed by Civil Police Officers who had been deputed to the Bureau of Immigration, seeking to continue on deputation till the expiry of their period.

Reiterating that deputationists do not have a right to claim that they should be permitted to complete the entire tenure in the borrowing department, the Single Judge Bench of Justice N. Nagaresh, went on to state that the concept of repatriation was also inherent in deputation as long as the deputationist has not been permanently absorbed in the borrowing Department.

"A deputationist does not have indefeasible right to continue in the borrowing Department. Repatriation can be resorted to on the grounds of unsuitability or unsatisfactory work. As long as the repatriation of the petitioners does not amount to reversion or imposition of penalty and as long as the decision is not vitiated by bias, the petitioners cannot have any legal grievance in the matter," the Court observed.

No Data Regarding Exact Population: Kerala High Court Holds Notifications Declaring Lakshadweep's Gram Panchayat Constituencies Ultra Vires

Case Title: Anoop V State of Kerala

The Director of General Education has informed Kerala High Court that steps are being taken to commence classes related to sexual awareness in schools from the upcoming academic year, and measures are being taken to make it a part of the curriculum as soon as possible.

The DGE is the Chairman of the committee of experts formed by the State Government on the specific directions of the court in August 2022, to create age-appropriate sexual awareness curriculum in schools.

Justice Bechu Kurian Thomas had previously expressed his disappointment at the State for not taking measures to include prevention-oriented programmes on sexual abuse as part of school curriculum. In this regard, the court had ordered the Chairman and Convenor of the committee, the Director General of Education and the Additional Director of Education, to remain present before the court on February 27 to explain the details of the committee meetings and the measures taken by them.

Advocate Moves Kerala High Court Alleging That Sitting Judge Limits Number Of Cases Listed Daily

Case Title: Yeshwanth Shenoy V The Chief Justice High Court of Kerala & Others

An advocate enrolled in the Bar Council of Kerala has moved the Kerala High Court alleging that a sitting judge has limited the number of cases listed before the bench to only 20 matters a day, when other judges have 100 matters or more listed before them everyday.

Advocate Yeshwanth Shenoy has filed a writ petition stating that ‘The Chief Justice, being the Master of Roster, alone has the power to direct the Registry on listing of matters and no Judge can interfere with the same and direct the Registry to curtail that list’.

When the matter came up before Justice Shaji P Chaly on Wednesday, the court directed the Registrar General of the High Court(4th respondent in the matter) to engage a counsel to proceed with the matter.

Kerala High Court Initiates Suo Motu Contempt Proceedings Against Lawyer For Alleged Misbehaviour In Court

The Kerala High Court has initiated suo motu contempt proceedings against Advocate Yeshwanth Shenoy for his alleged misbehaviour in Court.

The lawyer had allegedly displayed intemperate behaviour and raised allegations against Justice Mary Joseph, while appearing in a case before her. “I will see that Your Lordship will be unseated from this post,” Advocate Shenoy had allegedly shouted in Court after an exchange with the Judge.

Pursuant to the same, Justice Joseph had filed a complaint, and a suo motu contempt petition was filed in the matter by the High Court Registry. Proceedings in this regard had been initiated two weeks ago.

EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners

Case Title: Balagangadharan K.N. & Ors. v. Union of India & Ors.

The Kerala High Court, while considering the plea moved by persons aggrieved by the abrupt discontinuance or reduction of the pension that was being received by them, directed that the same shall not be curtailed, limited or stopped without specific orders from the Court.

Justice Raja Vijayaraghavan V. passed the above directive in light of the fact that the matter was under the active consideration of the Court.

"Having considered the submissions, as the matter is being adjourned at the request of the respondents and as the matter is under active consideration of this Court, the respondents shall ensure that they shall not curtail/limit/stop the pension that was being received by the petitioners in these writ petitions without getting specific orders from this Court," it was ordered.

Kerala Court Refuses Bail To CM's Former Principal Secretary M. Sivasankar In LIFE Mission Case

A Kerala Court refused to grant bail to the former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar, who had been arrested by the Enforcement Directorate in relation to the LIFE Mission Case.

A Special Court to try offences under the Prevention of Money Laundering Act (PMLA) dismissed Sivasankar's plea for bail.

Revolutionizing Justice- Exploring Kerala High Court's Innovative, Paperless E-Court System For More Accessible Justice [PART-1]

CJI DY Chandrachud has been at the helm of the e-Courts project of the Supreme Court of India, which is currently in its third phase. Guided by his vision, the Kerala High Court introduced a completely automated Case Management System (CMS), with a mission to become a paperless court.

The Information and Communication Technology (ICT) initiatives are led by the Chief Justice S. Manikumar. The ICT Committee of the High Court that had been constituted to realize this vision of paperless courts comprises of Justice A. Muhamed Mustaque, Justice A.K. Jayasankaran Nambiar, Justice P.B. Sureshkumar, Justice Shaji P. Chaly, and Justice Raja Vijayaraghavan V.

Maintainability Of Petition Doubtful': Kerala High Court Tells Lawyer Who Challenged Limited Number Of Cases Listed Before A Sitting Judge

Case Title: Yeshwanth Shenoy V The Chief Justice High Court of Kerala & Others

The Kerala High Court questioned the maintainability of the petition filed by an advocate alleging that a sitting judge of the High Court was limiting the number of cases listed before her to only 20 matters a day, while other judges were handling 100 or more matters everyday.

When the matter came up before Justice Shaji P Chaly on Friday, he questioned the Advocate Yeshwanth Shenoy, the petitioner, on the maintainability of the petition.

“Going through the pleadings and the nature of contentions advanced by the petitioner, I am of the considered opinion that the maintainability of the writ petition is doubtful and therefore, without receiving a counter affidavit from the fourth respondent, i.e., the Registrar General of this Court, I think, it may not be appropriate on my part to proceed further either for the consideration of the main relief or the interim relief” the court said in its order.

Kerala High Court introduced a completely automated Case Management System (CMS), with a mission to become a paperless court.

The system was implemented by giving incentives at all stakeholders. For instance, for lawyers, this has helped them have ‘virtual offices’ of their own, and work from anywhere. Distance does not appear to be a barrier anymore, provided the lawyers have internet connectivity. And they can always approach the e-Sewa Kendras for assistance at any point.

Kerala High Court Initiates Suo Motu Proceedings On Brahmapuram Fire

Case Title: Suo Motu v. State of Kerala

The Kerala High Court initiated a suo motu writ petition in relation to the continuing fire at a dumping yard of Kochi Corporation in Brahmapuram. The smoke that billowed out of the plant spread over large areas of the city, and could not be fully doused despite strenuous efforts.

Justice Devan Ramachandran had submitted a letter to the Chief Justice in this regard, seeking the Court to intervene in the matter.

Marking A Year Since The Inception, Two Novel Initiatives Of The Kerala High Court Legal Services Committee Prove Their Success

On March 15, 2023, the Family Counselling Centre, which is the first of its kind in the country, would mark one year since its functioning. The FCC, which is a facility under the aegis of Kerala High Court Legal Services Committee (KHCLSC), had been formally inaugurated by the Chief Justice, High Court of Kerala S. Manikumar, on October 26, 2022, although it had been functioning on an experimental basis since March, 2022.

The FCC is an initiative of Justice A. Muhamed Mustaque of the Kerala High Court, who is also the Chairman of Kerala High Court Legal Services Committee, and is intended to help litigants in matrimonial and allied matters to address their emotional needs and to help and guide them to reach a logical conclusion to their protracted litigations.

Brahmapuram Fire | Water Bodies Getting Converted Into Dump Sites, Proper Implementation Of Solid Waste Management Rules Necessary

Case Title: Suo Motu v. State of Kerala

The Kerala High Court asked the Secretary, Municipal Corporation of Kochi to inform the court regarding the steps to be taken by the civic body for implementing the Solid Waste Management and Handling Rules, 2016, in the wake of fire at Brahmapuram Solid Waste Management Plant.

The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji, while addressing the Advocate General, stressed on the necessity to have a holistic implementation of the Rules in the state.

"State of Kerala claims to be number one in literacy. This Bench would like to know that State of Kerala would also be number one in protecting environment and implementing Solid Waste Management and Handling Rules. This cannot be accomplished by a parcel of accomplishment either in a Corporation or a Municipality, or a Grama Panchayat. There are enough number of water bodies in State and the pathetic woes of these water bodies no one is listening to. All water bodies are now converted as dump sites. This is possible to be prevented only when all the local authorities concerned with protecting the water bodies are issued proper directions," the court observed.

Brahmapuram Fire | 'Right to Clean Air Basic Human Right' : Kerala High Court Seeks Detailed Plan For Solid Waste Management

Case Title: Suo Motu v. State of Kerala

The Kerala High Court took note of the plan of action that had been formulated for immediate short term and long term measures for due implementation of the Solid Waste Management and Handing Rules, 2016, by the Additional Chief Secretary, Local Self Government Department; the Ernakulam District Collector; the Secretary of Cochin Municipal Corporation, and the Chairman of the State Pollution Control Board, in the wake of fire at Brahmapuram Solid Waste Management Plant.

On being informed by the Advocate General regarding the High Level Conference convened by the Chief Minister at 5P.M. today, the Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji, observed:

"Without having a categorical statement from these officer by looking at the formative proposals being taken forward, we do not want to incorporate the same in our order. As have been suggested by the AG, we give time till day after tomorrow to the Additional Chief Secretary to place on record on all the points which are finalized by the High Level conference with definite time lines for performance".

Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750

Case Title: The Bar Council Of Kerala Vs Akshai M. Sivan and Others

The Bar Council of Kerala (BCK) has appealed to a division bench of the Kerala High Court against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court. The Bar Council has stated in its petition that the interim order restricting the enrolment fee to Rs. 750 has virtually stalled the enrolment process.

Brahmapuram Fire | District Collector Should Oversee Implementation Of Solid Waste Management Rules

Case Title: Suo Motu v. State of Kerala

The Kerala High Court observed that Environmental degradation is a "disaster" (within the meaning of the Disaster Management Act) and therefore, the implementation of the Solid Waste Management and Handling Rules, 2016 will be under the District Collector.

"Whatever is being done henceforth in implementing the Solid Waste Management and Handling Rules, 2016, shall be strictly under intimation of District Collector. And any insufficiency found in the same has to be brought to the notice of the court," the Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji said during the hearing on the suo motu proceedings initiated in light of the fire at Brahmapuram Solid Waste Management Plant.

The Court had asked the authorities for a detailed plan of action for solid waste management, as well.

Kerala High Court Directs Registry To Preserve Audio-Video Recording Of Proceedings Leading To Contempt Case Against Lawyer

Case Title: Yeshwanth Shenoy V The Bar Council Of Kerala

The Kerala High Court ordered the preservation of the audio-video recordings of the proceedings which took place in the court of Justice Mary Joseph on February 9, when a lawyer had indulged in alleged misbehaviour resulting in the initiation of suo motu contempt proceedings against him.

The order was passed on a writ petition filed by Advocate Yeshwanth Shenoy, who is facing the contempt proceedings for his alleged contumacious conduct before Justice Mary Joseph. Shenoy later filed a writ petition challenging the show-cause notice issued by the Bar Council of Kerala over the alleged incident before Justice Mary Joseph.

LIFE Mission Case| M Sivasankar Moves Kerala High Court For Bail, Calls ED Case "Political Hit Job"

Case Title: M. Sivasankar v. Union of India & Anr

M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, approached the Kerala High Court in the money laundering case related to alleged corruption in the LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project, a housing project of the Kerala Government for the homeless.

A Special PMLA Court at Kochi had rejected Sivasankar's bail application on March 2 and extended his custody till March 21. The money laundering case emanates out of alleged illegal gratification obtained for awarding the contract work for the LIFE Mission's project for building 140 housing units in Thrissur district utilising the funds donated by UAE Red Crescent. Sivasankar has been under custody since his arrest by the Enforcement Directorate on February 14.

Senior Advocate Dushyant Dave Speaks At Ernakulam GLC On 'Basic Structure Of Indian Constitution And The Present Day Challenges'

The Ernakulam Law College Old Students And Teachers' Association (ELCOSTA) conducted its Annual Lecture March 11, 2023 at Aangan Auditorium, Bharat Hotel, Ernakulam, at 11.00 AM.

Senior Advocate and former President of the Supreme Court Bar Association Dushyant Dave delivered the lecture on the topic 'Basic Structure of Indian Constitution and the Present Day Challenges'.

Kerala High Court Judge, Justice Jayasankaran Nambiar, presided over the function. The meeting was inaugurated by the Law Minister of Kerala, P. Rajeev.

Justice B.V. Nagarathna Delivered 2023's Chief Justice KK Usha Memorial Lecture At Kerala High Court On March 11

The Kerala Federation of Women Lawyers (KFWL) organized the Chief Justice KK Usha Memorial Lecture on the topic 'Transformative Constitutionalism' tomorrow (March 11, 2023), as part of its Women's Day celebration.

The lecture was delivered by the Supreme Court Judge, Justice B.V. Nagarathna, at the Kerala High Court Auditorium.

Chief Justice KK Usha Memorial Lecture is dedicated to the memory of the late Chief Justice KK Usha, who was the first woman Chief Justice from Kerala, and also a founding member of the Indian Federation of Women Lawyers (Kerala Branch).

Brahmapuram Fire : Kerala High Court Forms High-Level Committee To Audit Facilities Provided By Cochin Corporation

Case Title: Suo Motu v. State of Kerala

In the wake of the fire at the Brahmapuram dumping yard at Cochin city, the Kerala High Court has constituted a high-level committee. The Committee has been asked to audit the environmental/ infrastructure facilities provided by the Cochin Municipal Corporation at the Brahmpauram site.

Secondly, the Committee is to assess if the site conforms to the Solid Waste Management Rules, 2018. Also, it has to take note of the the infrastructure details at the site and their efficiency.

Constitution Is Stronger Now Because Of Kesavananda Bharati Judgment : Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna said that the Constitution of India is stronger now because of the Kesavananda Bharati judgment, which laid down the basic structure doctrine.

She opined that the basic structure doctrine is a fine example of transformative Constitutionalism. These comments assume relevance in the wake of the renewed debate on the basic structure doctrine after Vice President Jagdeep Dhankhar recently criticised Kesavanda Bharti judgment as laying down a wrong precedent. It is also relevant to note that Chief Justice of India DY Chandrachud had also recently highlighted the importance of basic structure doctrine, and lauded the same, by terming it as the “north star” which guides the interpretation of the Constitution.

Justice B.V. Nagarathna, was delivering the Chief Justice KK Usha Memorial Lecture on the topic 'Transformative Constitutionalism' organised by the Kerala Federation of Women Lawyers at the High Court of Kerala. In her lecture, she termed the Constitution “a great social document almost revolutionary in its aim in transforming society”.

Multi-Party System Is A Basic Feature Of Constitution, It Can’t Be Destroyed Using CBI, ED : Senior Advocate Dushyant Dave

Senior Advocate Dushyant Dave speaking on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' in a lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi raised concerns about the how democracy was being eroded day by day in India, and constitutional institutions were under attack.

“The reason why the basic structure theory is so relevant today is that the body polity has gone down the gutters. All political parties across the board have no respect for the constitution and constitutional morality. They have collectively tried to weaken every constitutional institution.”, the former Supreme Court Bar Association President said.

Judges Should Be Prohibited From Accepting Executive Positions Post Retirement: Senior Advocate Dushyant Dave

Senior Advocate Dushyant Dave speaking on the 'Basic Structure Of the Indian Constitution & its Present Day Challenges' in a lecture organised by the Ernakulam Govt Law College Old Students and Teachers Association at Kochi remarked that the practice of appointment of judges to executive posts after retirement, must be prohibited.

In an interactive session during the lecture, a member of the audience asked Dave about his opinion on the recent appointment of retired judges to executive posts. In this regard Dave said:

“Judges should be prohibited from accepting any kind of positions". Referring to the nomination of former Chief Justice of India Ranjan Gogoi as a Rajya Sabha MP and the appointment of former Supreme Court judge Justice Abdul Nazeer as a Governor within a span of few months after their retirement, Dave said that such appointments raise doubts in the public mind about "quid pro quo".

Case Title: Suo Motu v. State of Kerala & Ors.

The Kerala High Court directed the Secretary of the Cochin Municipal Corporation to place before the Court the details regarding the passing over of the management of the Brahmapuram solid waste management plant facility to a third party.

The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji issued the said direction on being informed by the Secretary of the Cochin Municipal Corporation, Babu Abdul Khader that a contract had been entered into with a third party for the free handover of responsibility of the Brahmapuram waste plant. The Court thus sought details regarding the chronology of events leading to the third party agency taking over the management of the facility, as well as the manner and mode by which decisions regarding the facility are taken.

In View Of Brahmapuram Fire, Kerala High Court Vacates Stay On NGT Directions To Cochin Corporation

Case title: Corporation Of Cochin V Jith Kumar and Others

In view of the fire which erupted in the Brahmpauram waste dumping yard, the Kerala High Court on Monday vacated the stay it had granted in 2018 on the directions passed by the National Green Tribunal to the Cochin Corporation. In October 2018, the NGT had imposed a fine of Rs. 1 Crore on the Cochin Corporation for its delay in setting up a solid waste treatment plant at Brahmapuram in accordance with the Solid Waste Management Rules, 2016.

The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji passed the order vacating the stay, after taking note of the report submitted by the High Level Committee constituted by the Court, which indicated several several deficiencies and shortfalls in implementing the Solid Waste Management Rules, 2016. "There is consensus that the site cannot be measured as a facility from any perspective under the Solid Waste Management Rules 2016 (for short, Rules 2016). The basic requirements for handling solid waste upon site delivery are unavailable", the Court noted while opining that the Corporation is not entitled to have the benefit of the stay.

Brahmapuram Site Fire Doused Completely, Kerala High Court Told; Court Appreciates Frontline Workers

Case Title: Suo Motu V State of Kerala

The Kerala High Court recorded the submission of the District Collector, NSK Umesh and Secretary of the Cochin Municipal Corporation, Babu Abdul Khader, that 100% of the fire that broke out at the Brahmapuram waste dumping site had been contained and that there was no smouldering visible to the naked eye. The court appreciated the efforts of the frontline workers who worked day and night to douse the fire.

The Division Bench comprising of Justice S.V. Bhatti and Justice Basant Balaji placed on record its appreciation for the commendable work executed by the fire service personnel:

“This Court and the citizens of Cochin place on record their appreciation for discharging a herculean task of putting out the fire at the site at this time of the year by the Personnel of the Fire Department. We are conscious that either the failure to control the fire or allowing the fire to spread to the neighbourhood would have led to unimaginable consequences. We record our recognition, satisfaction, and appreciation to the Personnel of the Fire Department for all their efforts. We also record the same appreciation for the contribution of the Civil Defence Volunteers in putting out the fire.”

Kerala High Court Slams Cochin Corporation For Faulty Drafting Of Contract With Brahmapuram Waste Plant Contractor

Case Title: Suo Motu V State of Kerala

The Kerala High Court came down heavily on the Cochin Municipal Corporation on the lapses in the contract entered into by it with the private party that was given the responsibility to manage the solid waste at the Brahmapuram site.

The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji told M Babu Abdul Kadher, the Secretary of the Cochin Municipal Corporation that when an agreement is entered into with a private partner, there must specific clauses on fixation of civil and criminal liability.

EPF Pension | Kerala High Court Seeks EPFO Response On Plea Challenging Condition To Show Proof Of Giving Higher Pension Option

Case Title: Saheer S. v. Union of India & Ors.

A plea has been filed in the Kerala High Court challenging the requirement of submission of proof of having opted for paying higher Provident Fund contribution under paragraph 26(6) of the Employees Provident Fund Scheme, towards the higher PF pension.

Justice Ziyad Rahman A.A., on Wednesday, admitted the plea, and granted time to the EPFO to submit counter affidavit in the matter.

Will Take Decision on Revising Enrollment Fee After Meeting of State Bar Councils For Unifying Fees: Bar Council of Kerala Informs High Court

Case Title: The Bar Council Of Kerala Vs Akshai M. Sivan and Connected Cases

The Bar Council of Kerala informed the High Court that the matter of revising the enrollment fee was being considered by it and that the Bar Council of India had convened a meeting of all state bar councils, on the direction of the Supreme Court, for fixing a uniform fee for enrollment across India.

A division bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen was hearing the appeal filed by the Bar Council of Kerala (BCK) against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court.

CBSE Submits In Kerala High Court Suggestions To Prevent Sexual Abuse In Schools But Says Govt Agencies More Appropriate To Implement It

Case Title: Anoop V State of Kerala

The committee of experts constituted by the CBSE on the direction of the Kerala High Court to create and implement a prevention-oriented programme on sexual abuse in schools submitted its report on ways to put mechanisms in place for the same.

A single bench of Justice Bechu Kurian Thomas took the report of the Committee of Experts of CBSE on record.

Ernakulam Law College Students To Have Facility To Watch Live Stream Of Supreme Court & High Court Hearings On Campus

Kerala’s oldest institution of legal education which is about to celebrate 150 years of its inception, is paving the path for effectively incorporating technology into the education system. The Government Law College, Ernakulam will be inaugurating a dedicated facility for live streaming of Supreme Court and Kerala High Court proceedings at its campus on Saturday, 18th March, 2023. The venue will be inaugurated by Justice Shaji P Chaly of the Kerala High Court. The Ernakulam Law College, is the first legal education institute in the country to introduce an initiative of this kind.

Kerala Court Sentences 48 Year-Old-Man Accused To 40 Years Imprisonment For Sexually Assaulting Minor Boy

Case Title: State v. Madhu @ Balan

The Fast Track Special Court (POCSO) at Thiruvananthapuram sentenced a 48-year-old man to undergo rigorous imprisonment for a period of 40 years, and imposed a fine of Rs. 60,000/- on him for sexually assaulting a 11 year old boy in the year 2020.

"Sexual abuse or sexual harassment is never contained to a present moment. It lingers across a person’s lifetime and has pervasive long-term ramifications. From the facts and circumstances of this case, it is found that it is not a fit case to invoke the provisions of the Probation of Offenders Act, 1958. The object of imposing sentence to an accused is also to be seen as a deterrence to the society. It should also send a message across the society that there is no disgrace in being a survivor of sexual violence and the shame is always on the aggressor. Sentencing the accused in this case is based on the evidence adduced and the gravity of the offence committed by him on a boy from his neighbourhood whose family was known to him along with the factors concerning him," the Special Judge Aaj Sudarsan observed.

Case Title: Johny George v. The District Collector, Ernakulam & Ors.

The Kerala High Court has sought response of the local authority on the plea of a Kochi resident accusing the Water Authority of trespassing on his private property and putting up hoardings thereon.

Justice Shaji P. Chaly directed the Tahsildar of Kanayannur Taluk in Ernakulam to file the report within three weeks.

The 53 years old petitioner claims to be the owner in possession of 8.1 Ares of property in Poonithura Village, having absolute right and ownership over the land. It is alleged that the Executive Engineer of the Kerala Water Authority (6th respondent) placed a notice board on his land stating that the it belonged to the Authority.

In A Democracy, Media Personnel Can't Be Jailed For Reporting: Kerala Court Grants Anticipatory Bail To Asianet Journalists

Case Title: Sindu Suryakumar & Ors. v. State of Kerala

A local Court at Kozhikode granted pre-arrest bail to the Executive Editor and other employees of Asianet News in connection with the allegations of airing a 'staged interview' of a minor girl who was made to say that she was a victim of drug abuse and sexual exploitation.

Finding that there were no serious allegations against the petitioners herein, the Special Judge Priya K., observed, "They are the officials of a news channel and they are apprehending that they will be put in jail, for broadcasting a news item. In a democratic country like lndia, which gives liberty to the fourth estate which are press and media, media personnel cannot be put in jail alleging criminal offences. If at all any offence is committed by them, it can only be decided after a fair trial".

Padma Lakshmi Becomes Kerala’s First Transgender Lawyer

Padma Lakshmi became the first transgender woman to be enrolled as an advocate with the Bar Council of Kerala on Sunday.

She was one among over 1500 law graduates who were admitted on the rolls of the Kerala Bar Council as advocates, in the enrollment ceremony held on March 19.

Senior Advocate & Former Advocate General Of Kerala K.P. Dandapani Passes Away

Senior Advocate and former Advocate General of Kerala K.P. Dandapani passed away on Tuesday.

He served as the Advocate General of Kerala from 2011 to 2016, during the tenure of the UDF Government.

Plea In Kerala High Court Challenges Delay By Lok Ayukta In Passing Verdict On Matter Reserved For Orders One Year Ago

Case Title: R.S. Sasikumar v. The Kerala Lok Ayukta

A plea has been filed in the Kerala High Court challenging the "unexplained" delay by the Lok Ayukta in passing verdict in a matter which was heard and reserved for orders on March 18, 2022.

The petitioner, R.S. Sasikumar, had approached the Lok Ayukta under Section 9(1) of the Kerala Lok Ayukta Act, challenging the Cabinet decision taken on July 27, 2017, to give financial aid to the families of the deceased political leader Uzhavoor Vijayan and a deceased police officer, and also to write off the debts of the deceased political leader KK Ramachandran, and to give the son of the deceased leader a government job. After deciding the issue of maintainability in favour of the complainant, members of the Lok Ayukta and Upa Lok Ayukta had demitted their office and after a gap, appointments had been made to fill up the vacancies. After elaborate hearing, covering all the points, the case was reserved for orders on March 18, 2022.

The petitioner pointed out in his plea filed through Advocate Nisha George that one year has elapsed since the conclusion of the hearing. The petitioner submitted that the delay in passing the order had resulted in loss of faith in the machinery of Lok Ayukta as would be evident from the substantial reduction of cases before the entity over the years.

'Brahmapuram Fire Indicator Of Lurking Disasters': Kerala High Court To Monitor Implementation Of Solid Waste Management Rules

Case Title: Suo Motu v. State of Kerala

The Kerala High Court declared that it would be monitoring the implementation of the Solid Waste Management and Handling Rules, 2016 in the state. The court was hearing the suo motu proceedings initiated by it in the wake of the fire at the Brahmapuram Solid Waste Management Plant.

The division bench of Justice S.V. Bhatti and Justice Basant Balaji ordered that the first phase of the implementation of the Rules in the State shall consist of collection, segregation, handling and handing over solid waste generated as per the Rules.

Brahmapuram Fire | State Or Cochin Corporation Can File Separate Application Against NGT Order, Will Consider Objectively: Kerala High Court

Case Title: Suo Motu v. State of Kerala

The Kerala High Court observed that if the State government or the Kochi Municipal Corporation was aggrieved by the imposition of Rs. 100 crore on the Corporation by the National Green Tribunal, they could approach the Court by way of an application against the same.

Assuaging the concerns of the Advocate General, who made mention of a particular paragraph in the NGT order that he said runs counter to the directions of the bench, the Division Bench of Justice S.V. Bhatti and Justice Basant Balaji said, "They [the State Government or Kochi Corporation] can independently come by way of an application; whichever way we will have to objectively consider it, we will consider".

EPF Pension | Kerala High Court Seeks Response Of PF Authorities On Plea Against Limiting Higher Pension For Not Exercising 'Fresh Joint Option'

Case Title: Vikraman Nair S. & Ors. v. Union of India & Ors.

The Kerala High Court sought the response of the Central Government and the Provident Fund authorities in the plea challenging the initiation of steps by the PF Commissioner to curtail/limit/stop the higher pension that is being received by the retired employees of KELTRON on the ground that they had not exercised a fresh joint option.

Justice Raja Vijayaraghavan V. posted the matter for further consideration on March 27, 2023.

Reversal Of Burden Of Proof Under PMLA Seems To Be Very Dangerous: Kerala High Court Says During Bail Hearing

Case Title: M. Sivasankar v. Union of India & Anr.

The Kerala High Court heard the arguments in the bail application filed by M Sivasankar, former Principal Secretary to the Chief Minister, in the money laundering case in relation to LIFE Mission bribe case.

Senior Advocate Jaideep Gupta, appearing for Sivasankar, submitted that predicate offences under Prevention of Money Laundering Act are usually investigated by State government, while money laundering is investigated by the Enforcement Directorate (ED). "That is why it has led to a serious controversy since in certain cases it is felt that it [ED] is being used as a weapon by the Central Government to attack certain persons in certain States," the Senior Counsel said. However, the senior lawyer quickly went on to add that he shall not be getting into that line of argument at present.

During the hearing today, Senior Advocate Gupta also pointed took the Court through the Apex Court decision in Vijay Madanlal Choudhary v. Union of India (2022), in which the Court had upheld the reverse burden of proof under Section 24 of the Act and said that it has "reasonable nexus" with the objects of the Act. Justice Badharudeen at this juncture, asked the Senior Counsel whether a review had been filed in the said judgment, which would be considered by a larger Bench, to which the senior counsel answered affirmatively. "The reversal of burden of proof seems to be very very dangerous," the Court remarked.

Kerala High Court Directs Forest Department To Refrain From Capturing Wild Tusker 'Arikomban' Till March 29

Case Title: In Re Bruno v. Union of India & Ors.

The Kerala High Court in a late night sitting directed the Forest and Wildlife Department to refrain from capturing wild tusker 'Arikomban' that had allegedly been foraging in the Chinnakana area, and causing damage to the property in the human settlement areas.

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. however, permitted the department to continue tracking its movements around human settlements, with the idea of containing it and preventing it from damaging the properties of the human settlers in the area. The Court added that the same could be done by the Forest Department using their personnel and machinery, and also deploying additional forces of the State Government, if the need arises.