Kerala High Court Weekly Round-Up: December 2 - 8, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 766 – 781]C. Alavi v The State of Kerala and Another, 2024 LiveLaw (Ker) 766T. N. Mukundan v State of Kerala and Others, 2024 LiveLaw (Ker) 767Motorsigns India v State of Kerala & Connected Matters, 2024 LiveLaw (Ker) 768Nizar v State of Kerala , 2024 LiveLaw (Ker) 769Aravindakshan P. R. v Assistant Director, ED and Another, 2024 LiveLaw...

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The Court explained that the jurisdiction of a writ court is not generally invoked when there is an alternative remedy available, and in such cases, the Court may decline to entertain the petition. The Court stated that having an...

Contempt Case Filed In Kerala High Court Against CP(I)M State Secretary MV Govindan For Blocking Roads To Hold Party Conference

A contempt case has been filed against CP(I)M State Secretary M V Govindan in the Kerala High Court for allegedly blocking the roads by constructing a stage for holding Palayam area conference of the party on December 5. The contempt case has been filed alleging that the MV Govindan has violated the directions of the Court dated June 23, 2010 in WP(C) No. 19253 of 2010, where a Division...

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

The Kerala High Court has ruled that the mere giving of hand loans on one or two occasions cannot be considered as engaging in money lending business, since that would discourage people from offering emergency hand loans due to fear of penal consequences under the Kerala Money-Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act.In the facts of the case, the petitioners...

Shouldn't Everyone Else Have Darshan?: Kerala HC Enquires On Incident Involving 'VIP Darshan' Of Actor Dileep At Sabarimala

The Kerala High Court while hearing a suo motu matter dealing with the issue of VIP 'Darshan' of actor Dileep at Sabarimala questioned whether other pilgrims shouldn't also be entitled to darshan of the temple. In a report submitted by the Special Commissioner of Sabarimala and Additional District Magistrate Sabarimala, it was pointed out that the darshan of Dileep caused choking of queue in...

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund

The Kerala High Court today criticised the State government for its failure to provide details regarding the availability and utilization of funds in the State's Disaster Response Fund (SDRF).For context, it is admitted that Rs. 782.99 crore is available in the SDRF. The State government submitted before the Court that they are unable to use funds allocated by the central government for...

''Police Stood As Mute Spectators'': Kerala HC On Protestors Encroaching Footpath Outside Trivandrum Corporation Office

While hearing a suo motu plea concerning waste management in the state, the Kerala High Court on Friday (December 6) orally said that while it was not against peaceful protests but encroachments which had been allegedly put on the footpath in front of the Trivandrum Corporation's office by certain protestors, cannot be allowed.During the hearing a division bench of Justice Bechu Kurian Thomas...

S.79 IT Act | YouTube Can't Be Directed To Remove Alleged Objectionable Video In Absence Of Court Order Declaring It 'Defamatory': Kerala HC

The Kerala High Court has held that YouTube, being an intermediary cannot be directed to remove an allegedly objectionable video without an order from the Court finding that the alleged video was defamatory in nature.The Court reached the above conclusion by relying upon the landmark judgment in Shreya Singhal v Union of India and perusing Section 79 of the Information Technology Act, 2000....

Kerala High Court Directs Devaswaom Board To Ensure Pilgrims' Darshan Is Not Obstructed Due To VIP Darshan At Sabarimala

The Kerala High Court has directed the Travancore Devaswom Board to ensure that incidents of VIP Darshan causing obstruction to pilgrims does not take place in Sabarimala during the Mandala-Makaravilakku festival season.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. passed the above order based on the Special Commissioner's report that obstruction was caused...

[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF

The Kerala High Court has orally directed the State Government to furnish clear details regarding the availability and utilization of funds in the State's Disaster Response Fund (SDRF). The Court has also sought information regarding funds required for future expenses, such as for rehabilitation and construction.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice...

State Opposes Plea In Kerala High Court For CBI Investigation Into Former ADM Naveen Babu's Death

The State of Kerala on Friday (December 6) opposed a petition filed by the widow of Naveen Babu seeking a CBI investigation into the tragic death of former Kannur ADM, wherein the High Court said that it will decide the issue after checking if the police probe is going on the right track. When the case came up for hearing before Justice Kauser Edappagath, the State requested time to file...

Kerala High Court Directs ED To Probe Alleged Fraud Of ₹24 Crore In Edamulackal Co-Operative Bank

The Kerala High Court on Wednesday (4th December) ordered, the Enforcement Directorate to register a case against all the persons involved in the Edamulackal Co-operative Bank Fraud. The Division Bench comprising of Justice Amit Rawal and Justice K. V. Jayakumar was dealing with an appeal filed by one of the depositors in the Bank.As per the reports, an amount of Rs. 24 Crore has been...