Kerala High Court Weekly Round-Up: December 23 - December 29, 2024

The Management Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies, 2024 LiveLaw (Ker) 823

XXX v Union of India and Others, 2024 LiveLaw (Ker) 824

M/s Elstone Tea Estates Ltd. v State of Kerala And Connected Case, 2024 LiveLaw (Ker) 825

Chavakkad Service Cooperative Bank vs. ITO, 2024 LiveLaw (Ker) 826

Judgments/ Orders This Week

Banks Cannot Coerce Defaulters To Pay By Publishing Their Photos, It Violates Right To Privacy & Reputation : Kerala High Court

Case Title: The Management Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies

Citation: 2024 LiveLaw (Ker) 823

The Kerala High Court held that a bank cannot publish the photo and details of defaulting borrowers to coerce them to repay loan. Justice Murali Purushothaman observed that such acts invade a person's right to live with dignity and reputation.

Walayar Rape-Death | Kerala HC Dismisses Plea By Victims' Mother Challenging Integrity Certificate Granted To SP Over Allegedly Faulty Probe

Case Title: XXX v Union of India and Others

Citation: 2024 LiveLaw (Ker) 824

The Kerala High Court on Tuesday (December 24) dismissed a petition by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, which is a requirement for conferring an officer with IPS cadre.

Justice CS Dias observed that the State Government's home department had considered the matter in detail before issuing Integrity Certificate to Sojan.

Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide Victim

Case Title: M/s Elstone Tea Estates Ltd. v State of Kerala And Connected Case

Citation: 2024 LiveLaw (Ker) 825

The Kerala High Court on Friday (December 27) held that the State can take over the Nedumbala estate and Elstone tea estates in Wayanad for rehabilitation purposes post the July 30 landslide, under the Disaster Management Act, 2015 (DM Act). 

Justice Kauser Edappagath also said that the government shall determine the total amount of compensation to be awarded to the petitioners for taking over/acquiring the subject properties as per the provisions in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

No Penalty Can Be Levied U/S 271B Of IT Act If No Prejudice Is Caused To Dept On Account Of Belated Furnishing Of Audit Report: Kerala HC

Case Title: Chavakkad Service Cooperative Bank vs. ITO

Citation: 2024 LiveLaw (Ker) 826

The Kerala High Court held that circumstances under which AO can absolve a taxpayer from payment of penalty u/s 271B are discernible from a reading of Sec 273B, which states that no penalty can be imposed on an assessee u/s 271B for breach of the provisions, if he proves that there was "reasonable cause" for the said failure.

The Division Bench of Justice Dr. A. K. Jayasankaran Nambiar and Justice K V Jayakumar observed that no penalty shall be imposed on assessees u/s 271B, if no prejudice is caused to Revenue Department on account of any belated furnishing of audit report as per Sec 44AB.

Other Important Developments This Week

Kerala High Court Directs Formulation Of Grievance Redressal Mechanism For Victims Of Animal, Reptile Attacks

Case Title: Cultural Academy For Peace and Another v State of Kerala and Others

Case No: WP(C) 45100 of 2024

The Kerala High Court has asked the Kerala State Legal Service Authority (KELSA) to conduct a discussion with the Government to formulate guidelines and work out a grievance redressal mechanism for the victims of animal and reptile attacks.

Justice C. S. Dias observed that there is an alarming number of animal and reptile attacks in the state, and yet there is no comprehensive legislation to address the issue.

Kerala High Court Stops Sunburn Festival To Be Conducted In Wayanad On New Year's Eve Upon Plea By Residents

Case Title: M. C. Mani and Another v State of Kerala and Others

Case No: WP(C) 45043 of 2024

The Kerala High Court directed the Disaster Management authorities and other concerned authorities to ensure that the 'Sunburn Festival' is not conducted in Wayanad unauthorisedly. The event is advertised to be conducted in 'Boche 1000 Acres' at Chulika Estate in Wayanad on the new year's eve . 

Justice Ziyad Rahman A. A. took note of the fact that the organisers had not obtained the necessary permission. The Court also considered the enormity of the program and that it is proposed to be held in a landslide-prone area.

Kerala High Court Convenes Special Sitting After Children In Ponnuruni Anganwadi Get Food Poisoning, Takes Note Of Waste Dumping In Tirunelveli

Case Title: Suo Motu v State of Kerala and Others

Case No: WP(C) No 7844 of 2023

A special Bench of Kerala High Court comprising Justice Bechu Kurian Thomas and Justice Gopinath P. convened a special sitting on Monday (December 23) after seeing news visuals about the food poisoning incident in an Anganwadi in Ponnuruni.

Pappanji Burning: Kerala High Court Questions Police Over Notice Issued To Stop Burning Of Effigy During New-Year Celebrations

Case Title: Gala de Fort Kochi v Assistant Commissioner of Police and Another

Case No: WP(C) 46369 of 2024

The Kerala High Court on Tuesday (24th December) asked the Government pleader to inform court specifically about the provision under which the police issued stop memo against burning of 'Pappanji' in Fort Kochi. Justice Easwaran S. made this observation in a petition filed by Gala de Fort Kochi, the club which erected the Pappanji this year.

Kerala HC Permits 'Pappanji' Burning During New Year Celebrations In Kochi, Suggests Increasing Breadth Of Barricade Around Effigy

Case Title: Gala De Fort Kochi v Assistant Commissioner of Police

Case No: WP(C) 46369/ 2024

The Kerala High Court on Friday (December 27) permitted 'Pappani' burning at Veli Ground in Fort Kochi for the New Year Celebrations this year.

The Mattancherrry police had earlier issued a notice directing the organisers to remove the erected effigy of 'Pappanji'. Permitting the burning of the effigy the court also suggested to the authorities to increase the breadth of barricade around the effigy.

The vacation bench of Justice Harisankar V. Menon noted that the organisers had got the requisite permission from Kochi Municipal Corporation and an NOC from the Fire and Safety Department. The Court also took into account the safety measures taken for burning the effigy. However, court suggested to increase the breadth of barricade from 42 feet to 70 feet from the base of the effigy, considering that the effigy itself is more than 35 feet high.