Kerala High Court Monthly Digest: April 2024 [Citations: 211-275]

Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211

K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212

Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213

Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214

Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215

Anil Kumar and ors. v. State of Kerala, 2024 LiveLaw (Ker) 216

Eby @ Philip Ninan v. State of Kerala, 2024 LiveLaw (Ker) 217

Manaf Ali Hassan Versus The National Faceless Assessment Centre, 2024 LiveLaw (Ker) 218

M/S Sree Narayana Guru Memorial Educational And Cultural Trust Versus The Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 219

Shyju v. State of Kerala, 2024 LiveLaw (Ker) 220

State Bank of India v Jespin Raju, 2024 LiveLaw (Ker) 221

The Income Tax Officer Ward Versus Vazhakkulam Block Rural Co-Operative Society Ltd., 2024 LiveLaw (Ker) 222

Anwar Sadique K v State of Kerala, 2024 LiveLaw (Ker) 223

R. Krishnaprasad Versus Commissioner of Customs, 2024 LiveLaw (Ker) 224

Nilesh Ramachandra Japthap v. State of Kerala and ors.,2024 LiveLaw (Ker) 225

St. Antony's Forane Church v District Police Chief (Rural), 2024 LiveLaw (Ker) 226

N. Swaminathan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 227

Carnival Films Pvt. Ltd. v State of Kerala, 2024 LiveLaw (Ker) 228

The Principal Commissioner Of Income Tax Versus Gracy Babu, 2024 LiveLaw (Ker) 229

Mini Muthoottu Credit India (P) Ltd. Versus Commissioner Of Income Tax, 2024 LiveLaw (Ker) 230

Maffiya MK v. Union of India and ors. 2024 LiveLaw (Ker) 231 

Dr Athulya Asok v The State Police Chief 2024 LiveLaw (Ker) 232

Kerala CBSE School Management Association (Regd) v State of Kerala 2024 LiveLaw (Ker) 233

Shankara Narayanan P A v Kerala State Beverages (M And M) Corporation Ltd & Connected cases 2024 LiveLaw (Ker) 234

Jayaprakash T v Union Of India & Ors. 2024 LiveLaw (Ker) 235

N Prakash v State of Kerala 2024 LiveLaw (Ker) 236

Binnesh Babu@ Bineesh Babu v State of Kerala 2024 LiveLaw (Ker) 237

Shaji K v State of Kerala 2024 LiveLaw (Ker) 238

Adv. M. Swaraj V K. Babu 2024 LiveLaw (Ker) 239

Parthasarathi M v State of Kerala & Connected Cases 2024 LiveLaw (Ker) 240

Lukose. K.C. Versus Deputy Commissioner 2024 LiveLaw (Ker) 241

Prakash N v. GWLP School, Thevayoor South and ors. 2024 LiveLaw (Ker) 242 

Kerala State Co-Operative Consumers' Federation Ltd V The Chief Election Commissioner 2024 LiveLaw (Ker) 243

Monson MC @ Monson Mavungal v. State of Kerala 2024 LiveLaw (Ker) 244

Leric Reeches v Income Tax Officer 2024 LiveLaw (Ker) 245

Sreekumar v. SK Valsalan and anr. 2024 LiveLaw (Ker) 246 

Syama M. v. State of Kerala & Ors. 2024 LiveLaw (Ker) 247

Nimesh and Anr. v. State of Kerala and ors. 2024 LiveLaw (Ker) 248 

Faizal v State of Kerala 2024 LiveLaw (Ker) 249

Syamkrishna KR and anr. v. State of Kerala and anr. 2024 LiveLaw (Ker) 250

B Anandan v Union of India 2024 LiveLaw (Ker) 251

Suresh Kumar K R V District Magistrate (District Collector) & Connected Cases 2024 LiveLaw Ker 252

Cochin Devaswom Board V The Deputy Director 2024 LiveLaw (Ker) 253

Anand Joseph v The District Collector 2024 LiveLaw Ker 254

Fazid v XXXXX 2024 LiveLaw Ker 255

Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 256 

Jasmin K v State Bank of India 2024 LiveLaw Ker 257

Adv K Praveen Kumar v The Election Commission of India 2024 LiveLaw Ker 258

Jose Joseph and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 259 

Thomas @ Manoj EJ v. Indu S 2024 LiveLaw Ker 260 

Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr. 2024 LiveLaw Ker 261

Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr. 2024 LiveLaw Ker 262

Avani Bansal v The Election Commission of India 2024 LiveLaw Ker 263

Varkala Kahar v. The Election Commission of India and Ors. 2024 LiveLaw Ker 264 

Dr. M. R. Saseendranath V State of Kerala 2024 LiveLaw Ker 265

State of Kerala v Narendra Kumar & Another 2024 LiveLaw Ker 266

Nijo Varghese v Transport Commissioner 2024 LiveLaw Ker 267

Cherplassery Co-Operative Hospital Ltd v State of Kerala 2024 LiveLaw Ker 268

Modern Food Enterprises Private Limited Versus Union Of India 2024 LiveLaw Ker 269

P. Gopalakrishnan @ Dileep v. XXXX 2024 LiveLaw Ker 270

Annamanada Gramekshemam Nidhi Limited v. Union of India 2024 LiveLaw Ker 271

Kallodi St. George Forane Church V K Mohandas 2024 LiveLaw Ker 272

M/s Punarnava Ayurveda Hospital Pvt Ltd v. The Arbitrator for NH-66 2024 LiveLaw Ker 273

Ajay Peter v Kerala Coastal Zone Management Authority & Connected Cases 2024 LiveLaw Ker 274

BS Jayakumar v. State of Kerala 2024 LiveLaw Ker 275

Judgments/Orders This Week

Kerala HC Directs CBSE, State To Form Committee For Designing Age-Appropriate Prevention-Oriented Curriculum To Raise Awareness, Reduce Instances Of Sexual Offences

Case Title: Anoop v. State of Kerala

Case Citation: 2024 LiveLaw (Ker) 211

The Kerala High Court has directed the State to form a committee of experts to design a curriculum to impart age-appropriate prevention-oriented programmes on sexual abuse. 

“At times the sexual acts are committed with the belief that the consent of both partners is sufficient to absolve them from the crime. By the time they realize their assumptions to be mistaken notions, it is too late in the day, and the situation becomes destructive, leading to very inconvenient results and beyond any remedial measures,” stated Justice Bechu Kurian Thomas

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Case title: K M Habeeb Muhammed v The Managing Director

Citation: 2024 LiveLaw (Ker) 212

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. 

The Court was considering a writ petition filed by a workman of the State Bank of Travancore who was removed from service pursuant to departmental enquiry for fraud committed on the bank. 

Justice P.V. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel (1964) to state that the writ jurisdiction of the High Court cannot be invoked to consider sufficiency or adequacy of evidence to arrive at a particular conclusion in an enquiry by the disciplinary authorities.

Changing Name Of School Would Create Confusion For Students & Parents: Kerala High Court Quashes KESCPCR Order

Case title: Sister Annamma Mathai v State of Kerala

Citation: 2024 LiveLaw (Ker) 213

The manager of an unaided school functioning under the provisions of the Kerala Education Act and Rules thereunder with the name 'Little Flower Girls Higher Secondary School' approached the Kerala High Court against orders issued by authorities to remove the term 'Girls' from its name.

The order was issued by the Kerala State Commission For Protection Of Child Rights.

Justice P.V.Kunhikrishnan observed that the school was not heard before decisions were taken regarding changing its name. It stated that the school need not change its name based on the orders issued by the Kerala State Commission For Protection Of Child Rights since it would create confusion.

Land Used For Cardamom Plantation Can't Be Changed Without Collector's Permission, NOC Mandatory For Any Construction: Kerala High Court

Case title: Aynikkal Plantations Pvt. Ltd v State of Kerala

Citation: 2024 LiveLaw (Ker) 214

The Kerala High Court has held that land utilized for the cultivation of cardamom should be retained for cardamom cultivation itself and any violation would result in resumption of land with the Government. 

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that land utilized for cardamom cultivation under the Kerala Land Utilisation Order (KLUO) 1967 shall not be used for cultivation of any food crop or any other purpose except under the written permission given by the Collector.

S.107 Transfer Of Property Act | Lease Deed For Under 12 Months Cannot Be Rejected Due To Non-Registration: Kerala High Court

Case title: Sheela v. Abdul Gafoor

Citation: 2024 LiveLaw (Ker) 215

The Kerala High Court has clarified that a lease deed for less than 12 months cannot be rejected for want of registration under Section 107 of the Transfer of Property Act.

“A mere reading of Section 107 of the Transfer of Property Act, will make it clear that the requirement of compulsory registration of lease deed is applicable only in respect of a lease from year to year or for any term exceeding one year, or reserving an yearly rent” observed Justices Anil K. Narendran and G. Girish.

Kerala High Court Declines Bail Plea Of Accused, Asks KELSA To Hold Adalat For Those Affected In Puthiyakavu Temple Blast

Case Title: Anil Kumar and Ors. v. State of Kerala

Citation: 2024 LiveLaw (Ker) 216

The Kerala High Court has directed the Kerala Legal Services Authority to conduct an Adalat to address the grievances of those affected by the Puthiyakavu Temple blast in Tripunithara. 

Justice CS Dias was hearing a bail application of the accused in the Puthiyakavu Bhagavathy Temple fireworks explosion matter. The Court rejected the bail plea and said: “The investigation in the case is only at its nascent stage and the reasonable apprehension projected by the prosecution that the petitioners are not entitled to be enlarged on bail. If the petitioners are enlarged on bail, it would have a deleterious impact on the society and justice would be thwarted.”

Dying Declaration Can Be Sole Basis For Conviction If Made In 'Fit Mental State', Inspires Confidence Of Court: Kerala High Court

Case Title: Eby @ Philip Ninan v. State of Kerala

Case Citation: 2024 LiveLaw (Ker) 217

The Kerala High Court has stated that a dying declaration provided by the victim can be the sole basis of conviction if made in fit state of mind, adding that it is for the court to determine whether the individual was in the fit state of mind from the evidence available on record. 

“The other circumstances highlighted by the prosecution from the remaining part of the evidence of PW4 and also from the evidence of PW1 and PW2 are not at all sufficient to prove the guilt of the appellant on on analysing the said evidence noticing the principles that have to guide us in appreciating the circumstantial evidence” observed Justice AK Jayasankaran Nambiar and Justice Kauser Edappagath.

Writ Petition Challenging Orders Of Tamil Nadu Assessing Authority Not Maintainable Merely For Having A Bank Account In Kerala: Kerala High Court

Case Title: Manaf Ali Hassan Versus The National Faceless Assessment Centre

Citation: 2024 LiveLaw (Ker) 218

The Kerala High Court has held that the writ petition challenging orders of Tamil Nadu assessing authority is not maintainable merely for having a bank account in Kerala. 

The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. has observed that merely because the appellant has a bank account within the State of Kerala, he cannot maintain a Writ Petition challenging the orders passed by an assessing authority who is situated in Tamilnadu, more so when the orders in question are issued in connection with the business carried out by the appellant in Tamilnadu.

Assessment Can Be Reopened Based On Audit Objections Under New Reassessment Regime: Kerala High Court

Case Title: M/S Sree Narayana Guru Memorial Educational And Cultural Trust Versus The Assistant Commissioner Of Income Tax

Case Citation: 2024 LiveLaw (Ker) 219

The Kerala High Court has held that assessments can be reopened based on audit objections under a new reassessment regime. 

The bench of Justice Dinesh Kumar Singh has observed that the provisions have been drastically changed with effect from April 1, 2022, and the audit objection is one of the reasons for re-opening the assessment. If the revenue audit raises an objection that the assessment was not completed in accordance with the provisions of the Act, it cannot be treated as a change of opinion because this is the statutory prescription and statutory ground for re-opening the assessment.

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Case Title: Shyju v. State of Kerala

Case Citation: 2024 LiveLaw (Ker) 220

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.

“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration in a proceeding of this nature” observed Justice Bechu Kurian Thomas.

Securitisation Act Being A Central Law Has Primacy Over Kerala Fisherman Debt Relief Commission Act: Kerala High Court

Case title: State Bank of India v Jespin Raju

Citation: 2024 LiveLaw (Ker) 221

The Kerala High Court has held that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 being a central legislation will have primacy over the Kerala State Fishermen Debt Relief Commission Act, 2008.

The Court was considering the validity of an order issued by the Kerala State Fishermen Debt Relief Commission interdicting the powers of the State Bank Of India in initiating recovery proceedings under the Securitisation Act.

Justice Easwaran S. stated that the Securitisation Act enacted by the Parliament under Article 246 of the Constitution will predominate over the Kerala State Fishermen Debt Relief Commission Act, 2008. It also stated that Section 35 of the Securitisation Act gave an overriding effect to it over other laws.

Affording Personal Hearing Is Mandatory In An Enquiry Under Section 148A(B) Of Income Tax Act: Kerala High Court

Case Title: The Income Tax Officer Ward Versus Vazhakkulam Block Rural Co-Operative Society Ltd.

Case Citation: 2024 LiveLaw (Ker) 222

The Kerala High Court has held that affording a personal hearing to the assessee is mandatory in an inquiry under Section 148A(b) of the Income Tax Act.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Kauser Edappagath has relied on the decision of the division bench in the case of Income Tax Officer v. Asamannoor Service Co-operative Bank Limited, in which it was held that the express provisions of Section 148A of the Income Tax Act contemplate that the assessee should be granted an opportunity of being heard, and the question arising in the appeal is only whether that opportunity to be effective must include a right to a personal hearing as well. 

Kerala High Court Denies Anticipatory Bail To Man Booked For Assaulting Advocate Commissioner, Says Such Attacks Threaten Judicial System

Case title: Anwar Sadique K v State of Kerala

Citation: 2024 LiveLaw (Ker) 223

The Kerala High Court has refused anticipatory bail to a 31 years old Malappuram resident booked for attacking an Advocate Commissioner appointed by the Court to carry out local investigation.

Justice A. Badharudeen remarked that an attack against courts and its officials cannot be taken lightly and should be dealt with seriously as it amounts to an attack against the judiciary.

Biuret Content Test In Imported Urea To Match Technical Trade Urea Specifications, Kerala High Court Directs Testing In Faridabad Laboratories

Case Title: R. Krishnaprasad Versus Commissioner of Customs

Case Citation: 2024 LiveLaw (Ker) 224

The Kerala High Court directed that the referral laboratory, namely the Central Fertilizer Quality Control Unit, Faridabad, shall ensure that the analysis of the urea sample is done expeditiously and that the report thereof reaches the Kochi Customs Authority within a month from the date of receipt of the sample at the said laboratory.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Kauser Edappagath has observed that the respondents/department shall, jointly with the appellant, draw samples from the consignment of the urea imported by the appellant, which is the subject matter of these proceedings, and after giving one sample to the appellant, send the other samples to the referral laboratory for analysis and for a test report on the biuret content in the said sample as to whether or not it conforms to the specifications for technical grade urea as per IS 1781:1975, RA 2021.

Kerala High Court Quashes Proceedings Against Man Accused Of Impersonating Police Officer To Enter Cricketer S Sreesanth's Residence

Case Title: Nilesh Ramachandra Japthap v. State of Kerala and ors.

Case Citation: 2024 LiveLaw (Ker) 225

The Kerala High Court has quashed proceedings against the individual accused of impersonating a police officer to enter the residence of cricketer S Sreesanth.

A single bench consisting of Justice Bechu Kurian Thomas heard the plea.

The court reasoned that mere impersonation does not qualify for an offence under Section 419 for cheating by personation, adding that the offence is only attracted when, along with the impersonation, the accused inflicts damage or harm to body, mind, reputation, or property.

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court

Case title: St. Antony's Forane Church v District Police Chief (Rural)

Citation: 2024 LiveLaw (Ker) 226

The Kerala High Court has stated that the Writ Court cannot intervene in the manner of conducting rituals in church under Article 226 of the Constitution especially when civil proceedings were pending between the parties. 

“It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 of the Constitution of India, particularly when the parties are already litigating it before the competent Civil Court”, stated Justice Devan Ramachandran

Incomprehensible How Investment Of Pension Fund Can Be Made By Transferring It To State Treasury: Kerala High Court Dismisses Plea

Case Title: N. Swaminathan and ors. v. State of Kerala and ors.

Case Citation: 2024 LiveLaw (Ker) 227

The Kerala High Court has dismissed a plea requesting that the Kerala State Co-operative Employees' Pension Board be directed to not use the pension funds for any other purpose since it was likely to be transferred to the State Treasury. The court remarked that it was implausible for an investment of the 'Corpus Fund' to be transferred into the 'State Treasury'.

“Prima facie, I cannot find favour with the petitioners for another reason, namely that it is incomprehensible how an investment of the 'Corpus Fund' can be made by its transfer into the 'State Treasury', since this does not appear to be authorised by the Schemes; nor can it be normally seen to be 'investment', to obtain growth” observed Justice Devan Ramachandran.

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Case title: Carnival Films Pvt. Ltd. v State of Kerala

Citation: 2024 LiveLaw (Ker) 228

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record.

Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack of an affidavit on record would vitiate the process.

Consideration Received By Trustees For Relinquishment Of Trusteeship Cannot Be Treated As Capital Receipt: Kerala High Court

Case Title: The Principal Commissioner Of Income Tax Versus Gracy Babu

Citation: 2024 LiveLaw (Ker) 229

The Kerala High Court has held that consideration received by trustees for such relinquishment of trusteeship cannot be treated as a capital receipt for the purposes of assessing it under the head of capital gains; the consideration will have to be treated as the individual income of the assessees and assessed accordingly under the appropriate head.

The bench of Justice A.K. Jayasankaran Nambiar has observed that a perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. A person who is appointed as trustee is not bound to accept the trust, but having once entered upon the trust, he cannot renounce the duties and liabilities except with the permission of the court, with the consent of the beneficiaries, or by the authority of the trust deed itself. 

Land Used For Agricultural Purposes Yielding Agricultural Income Is Exempted From Income Tax: Kerala High Court

Case Title: Mini Muthoottu Credit India (P) Ltd. Versus Commissioner Of Income Tax

Citation: 2024 LiveLaw (Ker) 230

The Kerala High Court has held that the land in question was used for agricultural purposes, which yielded agricultural income, which in turn was exempt from income tax under Section 10(1) of the Income Tax Act.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that there is no material produced by the appellant that would clearly suggest that the loan amount availed by it during the assessment year in question had been used for purchasing an asset, which it had used for the purposes of its business as a provider of asset management services. The evidence that was available before the authorities below clearly pointed to the acquisition of agricultural land valued at Rs. 5,91,52,500 and the earning of agricultural income through the sale of tapioca to the tune of Rs. 1,93,540.

Can't Infringe Detainees' Constitutional Rights: Kerala HC Releases Man Whose E-Mail Representation Went To Authority's Spam Folder, Frames Guidelines

Case Citation: 2024 LiveLaw (Ker) 231 

Case Title: Maffiya MK v. Union of India and ors.

The Kerala High Court has issued guidelines relating to the forwarding of representations of detainees. A division bench consisting of Justice A Muhamed Mustaque and Justice MA Abdul Hakhim clarified that the representations shall be forwarded by all jail superintendents in the following manner:

1. Jail superintendents shall forward e-mail copies both in the e-mail address of the detention authority as well as central government. The sponsoring authority immediate on detention order shall forward the relevant e-mail IDs of the concerned to the jail superintendent. Immediately on forwarding the e-mail copies physical copies also shall be forwarded all the authorities concerned.

2. The court directed that necessary instructions shall be issued by the DGP of the prison to all jail superintendent in the Jail. DGP shall direct that if any laches on the part of the jail superintendent in following the guidelines in the directions as above will entail in disciplinary actions against such officers.

The court was hearing a habeas corpus plea filed by the wife of the detenu challenging his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974.

Can't Compel Child To Live With Parent Unacceptable To Him: Kerala HC Allows Child To Stay With Deceased Father's Relatives In Mother's Habeas Plea

Citation: 2024 LiveLaw (Ker) 232

Case title: Dr Athulya Asok v The State Police Chief

The Kerala High Court held that a minor child cannot be compelled to live with a parent totally unacceptable to the child while considering a habeas corpus petition filed by the mother seeking custody.

The Division Bench comprising Justice Anil K Narendran and Justice G Girishwhile permitting the child to live with his deceased father's relatives stated thus:

“If it is found that, in a given case, if an order directing the custody of a child with a parent is likely to be detrimental to the interest of that child, especially when the child is of advanced age, and having considerable maturity in mind to decide his future course of action, it is not possible for this Court to pass an order compelling that child to live with such parent who is totally unacceptable to him.”

State Must Delicately Balance Academic Interest Of Child With Right To Recreation: Kerala HC Allows ICSE, CBSE Schools To Conduct Vacation Classes

Citation: 2024 LiveLaw (Ker) 233

Case title: Kerala CBSE School Management Association (Regd) v State of Kerala

The Kerala High Court has permitted schools following CBSE, and ICSE Boards (non-KER Schools) to conduct vacation classes between 7.30 AM and 10.30 AM. It further stated that schools following Kerala Education Rules (KER) are bound by the KER Calendar and cannot conduct vacation classes.

The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim held thus:

"i. The State holds executive power to regulate summer vacation. However, this cannot be done based on the calendar prescribed in KER for non-KER schools. The State will have to balance academic interest of the child and their right to recreational activities in a delicate equilibrium.

ii. Taking note of the ensuing vacation, we permit all the schools other than the schools governed by KER calendar to hold vacation classes between 7.30 AM till 10.30 AM. Provided, this arrangement will be subject to future executive orders governing vacation classes.” 

Workers Paid Gratuity Under Abkari Workers Welfare Fund Act Can't Claim Benefit Under Payment Of Gratuity Act: Kerala High Court

Citation: 2024 LiveLaw (Ker) 234

Case title: Shankara Narayanan P A v Kerala State Beverages (M And M) Corporation Ltd & Connected cases

Justice Basant Balaji held that Abkari workers and regular Corporation workers come under different classes since Abkari workers do not come under the definition of 'employee' under the Gratuity Act. 

“As discussed earlier, when the Abkari workers form a separate class of workers, and the regular employees are separate ones, the Abkari workers who are getting gratuity from the Welfare Fund cannot claim gratuity under the Gratuity Act, over and above the amounts received under the KAWWF Act. If the argument of the petitioners is accepted, it will amount to double payment of gratuity, one under the Welfare Fund and the other under the Gratuity Act, which will be unlawful enrichment. Therefore, these Writ Petitions fail and are dismissed”, stated the Court. 

The Court was considering whether Abkari workers employed with the Kerala State Beverages (Manufacturing And Marketing) Corporation were entitled to gratuity under the Gratuity Act when they were paid gratuity and provident fund under the KAWWF Act.

CBI Takes Over Investigation Into Veterinary Student's Death, Kerala High Court Closes Father's Plea

Citation: 2024 LiveLaw (Ker) 235

Case title: Jayaprakash T v Union Of India & Ors.

Justice Bechu Kurian Thomas observed that the Union Government had issued a notification under section 5 of the Delhi Special Police Establishment Act entrusting the investigation with the CBI. 

“Since the central government has already issued the notification and the CBI has taken over the investigation, the reliefs sought for in this writ petition has become currently infructuous”, stated the Court while closing the plea. 

The Court also directed the state government and state police to provide all assistance to the CBI for conducting the investigation. 

The Special Prosecutor for CBI, Senior Advocate Dr K P Satheeshan submitted before the Court that the CBI took over the investigation and FIR was registered on April 05, 2024.

Kerala High Court Closes PIL Seeking Printing & Dispatching Of Registration Certificates, Driving Licenses Upon Being Told Process Had Resumed

Citation: 2024 LiveLaw (Ker) 236

Case title: N Prakash v State of Kerala

The Kerala High Court closed a public interest litigation filed seeking the issuance of hard copies of Registration Certificates and Driving Licences to applicants without delay relying upon a notification issued by the Transport Commissioner stating that printing and despatching of Registration Certificates and Driving Licences have been resumed.

“Today when the matter is called out, the learned Senior Government Pleader made available a communication dated 06.04.2024 issued by the Transport Commissioner, Motor Vehicles Department, by which it has been clarified that the printing work has resumed from 01.04.2024 and Registration Certificates as well as Driving Licences, which are printed, are being dispatched on the same day. The said communication is taken on record”, stated Chief Justice A J Desai and Justice V G Arun

Past Character Not Decisive For Public Employment: Kerala HC Urges State To Foster Development Of Less Fortunate Individuals By Not Condemning Them For Past Crimes

Citation: 2024 LiveLaw (Ker) 237

Case title: Binnesh Babu@ Bineesh Babu v State of Kerala

The Kerala High Court has stated that the government has the duty to act as a responsible welfare state to transform the lives of less fortunate citizens and turn them into responsible citizens rather than condemning or alienating them based on their unequal or diverse circumstances. It stated that their entry to public service should not be barred indefinitely based on mere involvement in some past crimes.

The petitioner, a person belonging to the Scheduled Caste (SC) community from the Below Poverty Line (BPL) category was denied advice to public service due to his involvement in nine criminal cases in the past.

Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen set aside the government order cancelling his advice to the post of Police Constable (Kerala Armed Police Battalion) and held thus: 

“The State must raise its role as a responsible welfare State to secure social citizenship, instead of acting solely as an authority wielding power to enforce its will. If this tiny man is lost, a generation is lost. Our power corridors are built in a negative frame to find fault with a person rather than to soothe fears or instill a sense of responsibility to transform him into a responsible citizen. We all need to be reminded that every individual's struggle is against their past, and those who realize their past mistakes and are prepared to move towards the future are the ones who truly enhance the beauty of the world. Past achievements not necessarily determine one's future as bright. One who learns from his past and fears distrust of everyone in the future is truly valuable. In the realm of public employment, the past is relevant but not decisive. If sinners are not allowed to reform, we all will become sinners.”

Kerala High Court Directs Home Secy To Take Action On Representation Seeking Enquiry By External Agency Over Liquor Party At MLA PV Anwer's Club

Citation: 2024 LiveLaw (Ker) 238

Case title: Shaji K v State of Kerala

The Kerala High Court has directed the Secretary of the Home Department to consider and take appropriate action on the representation submitted by Shaji K V, an RTI Activist and social worker.

The representation was filed seeking a proper enquiry by an external agency into allegations of liquor storage and sale contrary to the Abkari Act provisions in a building called, Joy Mathew Club in Aluva owned by MLA P V Anwer. It was alleged that no crime was registered against Anwer under the Abkari Act by the Excise Department due to his political influence. 

While disposing of the petition, Justice K Babu stated thus: “Having considered the submissions on both sides, respondent No.2(Secretary, Home Department) is directed to consider Ext.P3 (representation) and take appropriate decision within a period of four weeks from the date of production of a certified copy of this judgment. The petitioner is given the liberty to approach this Court in respect of the subject matter, if he is advised so.”

Kerala HC Dismisses Election Petition Moved By CPI(M) Candidate M Swaraj Challenging 2021 Election Of Congress Candidate K Babu From Tripunithura Constituency

Citation: 2024 LiveLaw (Ker) 239

Case title: Adv. M. Swaraj V K. Babu

Justice P.G. Ajithkumar dismissed the petition moved by Swaraj alleging that the election was vitiated by corrupt practices under the Representation of People Act for allegedly making appeals in the name of Lord Sabarimala Ayyappa.

Justice PG Ajithkumar highlighted that the critical nature of election petitions requires proof beyond reasonable doubt and as such, there is a heavy onus to prove the allegations which rests on the petitioner.

"Just as in a criminal case, so in an election petition, the respondent against whom the charge of corrupt practice is leveled, is presumed to be innocent unless proved guilty. A grave and heavy onus therefore, rests on the accuser to establish each and every ingredient of the charge by clear, unequivocal and unimpeachable evidence beyond reasonable doubt” observed the court. 

The petitioner, CPI(M) candidate M Swaraj, alleged that voter slips containing religious symbols were distributed by the respondent on the 4th of April 2021 for the election that was to be conducted on the 6th of April 2021.

Strict Proof For Determining Age Not Required In Every Case Of Child Pornography: Kerala High Court Lays Down Guidelines

Citation: 2024 LiveLaw (Ker) 240

Case title: Parthasarathi M v State of Kerala & Connected Cases

Justice K Babu held that it was not required to give evidence regarding strict proof of age for every model in child porn and stated that the Court could proceed based on the appearance of the model. The Court further held that in required cases, the expert opinion of a paediatrician or an expert in the field could be used to ascertain the age of the model. 

“1. Child Pornography is punishable under Section 15 POCSO Act, Offence of Transmission or Publication of child pornography punishable under Section 67 -B Information Technology Act. These provisions to be interpreted emphasizing the viewpoint of the audience and society at large.

2. No need of strict proof of age regarding model in every case of child pornography. Relevance should be given if model appears as child.

3. Image of infant or toddler used, Court can take judicial notice and proceed by framing charges.

4. Age of child to be analysed on a case to case basis. If model appears like a child below 18 years, fact finder can conclude age without expert testimony. No need of strict proof regarding age.

5. If model appears closer to 18 years, expert opinion of paediatrician or an expert in the field to be used. If model depicts a boy or girl below 16 years, fact finder can decide based on his experience using his/her critical faculties in deciding the issue.

6. In cases of marginal nature, opinion of experts including paediatrician and forensic experts necessary to conclude on age.

7. When a party pleads special circumstances regarding age of model, the party who pleads it has the burden to prove the existence of special circumstances.

8. Prosecution need not always establish identity of model in child pornography. Insisting on identification of child and strict age proof is practically impossible to provide in all cases unlike other POCSO cases since it would defeat the intention of statute. The fact-finding on the age, being an integral part of the offence, the prosecution has to place the material before framing of charge.”

The Court was considering criminal miscellaneous cases where persons accused for offence committing child pornography had approached the Court seeking to quash the final report against them. The criminal revision petitions were filed challenging orders rejecting their applications seeking discharge. The petitioners in all these cases were allegedly accused of committing an offence under Section 15 (punishment for storage of pornographic material involving child) of the POCSO Act and Section 67 B (punishment for publishing or transmitting of material depicting children in sexually explicit act, etc in electronic form) of the Information Technology Act.

Counter Sales Permission Of Alcoholic Liquor Was Concession Given To Bar Attached Hotel Owners For Carrying On Business During Covid-19: Kerala High Court

Citation: 2024 LiveLaw (Ker) 241

Case Title: Lukose. K.C. Versus Deputy Commissioner

The Kerala High Court has held that the permission to effect over-the-counter sales of alcoholic liquor was a concession given to bar-attached hotel owners to permit them to carry on business and tide over the COVID lockdown period. The assessee cannot now contend that the tax on such transactions should not be levied on him because he did not originally have permission to effect such sales.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the appellant, having opted to pay tax on a compound basis in lieu of the regular basis of assessment, cannot turn around and contend that the formula provided for payment of tax on a compound basis does not apply to him.

Govt Should Close Schools Without Playgrounds, Sports & Games Part Of Curriculum : Kerala High Court

Case Citation: 2024 LiveLaw (Ker) 242 

Case Title: Prakash N v. GWLP School, Thevayoor South and ors.

The Kerala High Court has directed the state government to formulate guidelines prescribing the extent of playground necessary in each category of schools and adjacent facilities as required. 

“Right to education is a fundamental right of the children. The education includes play and other extra curricular activities. If there is no suitable playgrounds for games and sports in schools containing sufficient clear space for that purpose as provided in the Kerala Education Rules (KER), the government should take stringent action including closure of those schools” observed Justice PV Kunhikrishnan. 

The court added that once the guidelines are issued, the educational authorities shall ensure compliance with these guidelines and also directed closure of schools that fail to comply despite being given sufficient time.

Kerala High Court Directs State Govt To Permit Consumerfed To Conduct Ramzan-Vishu Fairs, Says It Is Not To Be Used For Election Campaigning

Citation: 2024 LiveLaw (Ker) 243

Case title: Kerala State Co-Operative Consumers' Federation Ltd V The Chief Election Commissioner

Justice Devan Ramachandran observed that Consumerfed was authorized to conduct Ramzan-Vishu Fairs through Primary Co-operative Societies and stated that it need not wait for the state government to give financial grants since the Model Code of Conduct (MCC) was in force now. 

“In the afore circumstances, I allow this Writ Petition to the limited extent of directing the Government to permit the Registrar of Co-operative Societies to authorise the 'Fairs' proposed by the petitioner 'Consumerfed', through the Primary Co-operative Societies mentioned in Ext.P3; however, making sure that there would be no publicity attached to this, as being a Government sponsored programme, or to be in a manner that to cause benefit to any particular section of the political arena.” 

The Court also directed that the state government would not use the Consumerfed Fairs for election campaigning since this was not meant for propaganda or publicity.

Kerala High Court Declines To Suspend Execution Of Monson Mavunkal's Life Sentence For Sexually Abusing Employee's Minor Daughter

Case Citation: 2024 LiveLaw (Ker) 244

Case Title: Monson MC @ Monson Mavungal v. State of Kerala

The Kerala High Court has dismissed a plea by Monson Mavunkal to suspend the execution of his life imprisonment sentence passed by the trial court in a sexual assault case.

“It is to be noted that the petitioner has been awarded the imprisonment for life on three different counts by the learned Additional Sessions Judge. Suspending the sentence for life imprisonment can be resorted only in exceptional cases. The heinous nature of the offence allegedly committed by the petitioner/accused cannot be ignored" observed Justice PB Suresh Kumar and Justice S Manu.

Kerala High Court Quashes Assessment Order Issued Without Effective Hearing Due To Technical Issues With Link Provided For Video Conferencing

Citation: 2024 LiveLaw (Ker) 245

Case title: Leric Reeches v Income Tax Officer

The Kerala High Court has quashed an assessment order passed under the Income Tax Act on finding that the assessee was not provided an effective hearing. In the facts of the case, the assessee was unable to log in through the link for video conferencing due to technical failure and did not get an opportunity for an effective hearing.

Allowing the writ petition, Justice Dinesh Kumar Singh held that the impugned assessment order was issued contrary to the principles of natural justice since there was no effective hearing. The bench said:

“Considering the above submissions and taking note of the fact that the petitioner was not given effective hearing and without providing the effective hearing the impugned assessment order has been passed, I am of the considered view that the order suffers from violation of the principles of natural justice and, therefore, the same is set aside".

[S.256 CrPC] Power Of Acquittal Due To Death/Non-Appearance Of Complainant Shouldn't Be Whimsically Exercised For Statistical Purpose Of Disposal: Kerala HC

Case Citation: 2024 LiveLaw (Ker) 246 

Case Title: Sreekumar v. SK Valsalan and anr.

The Kerala High Court has clarified that the power under Section 256 of CrPC which allows for the acquittal of the accused in case of non-appearance or death of the complainant should not be indiscriminately exercised.

“It is well settled that the Magistrate can invoke the power under Section 256 Cr.P.C only after arriving at a definite conclusion that the complainant no longer desires to prosecute the complaint and the said power is to be exercised judicially and that the same cannot be indiscriminately exercised whimsically and mechanically for the statistical purposes of disposal” observed Justice Johnson John while allowing the plea. 

Kerala High Court Makes Govt Circular To Mitigate Disaster Risks At Planning Stage Mandatory For Developmental Projects

Citation: 2024 LiveLaw (Ker) 247

Case Title: Syama M. v. State of Kerala & Ors.

The Kerala High Court has held that all departments undertaking infrastructural or developmental projects should implement the circular dated December 18, 2023 issued by the Kerala State Disaster Management Department (KSDMA) for standardization of the process of integrating measures for prevention of disaster and mitigation. 

While disposing of the petition on the assurance of the government that the circular will reduce complaints qua future developmental projects undertaken by the Government, Justice Devan Ramachandran observed,

“I record the submissions of the learned Senior Government Pleader – Sri.K.V.Manoj Kumar, that the Government have issued the afore extracted circular dated 18.12.2023 and that its contents and directives therein will be implemented unreservedly with respect to every developmental project or action, which is to be initiated or pursued by them and its Agencies and Departments in future”, stated the Court

Affidavit Of Settlement No Grounds To Quash Case For Abetment Of Suicide If Materials On Record Indicate Offence: Kerala High Court

Case Citation: 2024 LiveLaw (Ker) 248 

Case Title: Nimesh and Anr. v. State of Kerala and ors.

The Kerala High Court has rejected a petition to quash proceedings for an offence punishable under Section 306 (abetment of suicide) holding that an affidavit by the relative of the victim could not be grounds for quashing if the materials placed on record indicate the commission of the offence.

“When the facts of the case placed on materials and other materials prima facie would suggest commission of offence punishable under Section 306 IPC by the accused persons, merely because the sister of the 1st accused filed an affidavit regarding settlement, shall not be a ground to quash the same” observed Justice A Badharudeen.

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court

Citation: 2024 LiveLaw (Ker) 249

Case Title: Faizal v State of Kerala

The Kerala High Court reiterated that the same court shall try cross cases. On analyzing judicial precedents pertaining to trial of cross cases, The Court laid down the following reasons to state that the same court shall try cross cases.

“The judicial precedents underline the reason for such a procedure as (a) it prevents the danger of an accused being convicted before his whole case is before the court, (b) it deters conflicting judgments being delivered upon similar facts (c) in reality, the case and the counter-case are different or conflicting versions of one incident to all intents and purposes",stated Justice K Babu

Insulting Deceased By Using Abusive Language Will Not By Itself Constitute Abetment Of Suicide: Kerala High Court

Case Citation: 2024 LiveLaw (Ker) 250

Case Title: Syamkrishna KR and anr. v. State of Kerala and anr.

The Kerala High Court has allowed an application for anticipatory bail in a matter relating to abetment of suicide, stating that there should be evidence to suggest, prima facie, that the accused intended by such acts to instigate the deceased to commit suicide.

“The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide” observed Justice A Badharudheen.

The petitioners, who are the 1st and 2nd accused in a matter under Section 306 read with Section 34 of the Indian Penal Code, moved this court with an application for anticipatory bail. The deceased, an assistant public prosecutor, had committed suicide on the 21st of January 2024. The suicide note revealed the 1st accused and the 2nd accused as the reason for the victim's death resulting in a crime being registered under Section 304 (abetment of suicide) read with Section 34 of the Indian Penal Code.

Family Members Of Deceased Govt Employee Can't Make Repeated Claims For Compassionate Appointment: Kerala High Court

Citation: 2024 LiveLaw (Ker) 251

Case Title: B Anandan v Union of India

The Kerala High Court held that authorities cannot be expected to continuously offer appointments on compassionate grounds to the legal heirs of a deceased employee.

“It cannot be construed that the scheme of compassionate appointment permits the members of the family to raise repeated claims for appointment. One must remember that the compassionate appointment is not a method of appointment and is only intended to get over the penury caused to the family of deceased”, stated Justice Easwaran S.

'Thrissur Pooram' One Of Kerala's Biggest Festivals: High Court Modifies Timings In Prohibitory Order Directing Closure Of Toddy & Liquor Shops

Citation: 2024 LiveLaw Ker 252

Case Title: Suresh Kumar K R V District Magistrate (District Collector) & Connected Cases

Justice Shoba Annamma Eapen observed that the District Collector passed the prohibitory order to prevent any untoward incident and for public good since a lot of devotees and non-devotees will be gathering to watch the Thrissur Pooram. However, the Court stated that the closure of shops selling liquor, toddy etc for almost two days would cause huge losses to persons who pay huge license fees to run toddy and liquor shops. 

Accordingly, the Court modified the timings in the prohibitory order and held thus: 

“The prohibited time period stipulated in the impugned order passed by the District Collector as “from 2 am on 19.04.2024 to 2 pm on 20.04.2024” shall stand modified as “from 2 am on 19.04.2024 to 10 am on 20.04.2024”.”

[Thrissur Pooram 2024] Kerala HC Directs Municipal Corp, Dewaswom Board To Ensure Sree Vadakkunnatha Kshetra Maidan Is Not Used For Waste Disposal

Citation: 2024 LiveLaw (Ker) 253

Case title: Cochin Devaswom Board V The Deputy Director

The Kerala High Court directed that no part of Sree Vadakkunnatha Kshetra Maidan should be used by the Cochin Devaswom Board or Thrissur Municipal Corporation for disposal of biodegradable or non-biodegradable waste generated during the Thrissur Pooram. Thrissur Pooram is celebrated this year on April 19 and 20, 2024; the festivities have already begun.

The Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon held thus:

“In view of the directions contained in the orders of this Court dated 26.07. 2023 in DBP No.32 of 2023 and DBP No.35 of 2023, no part of Thekkinkadu Maidan (Sree Vadakkunnathan Kshethra Maidan) shall be used by Cochin Devaswom Board or Thrissur Municipal Corporation for the disposal of biodegradable or non-biodegradable waste generated during Thrissur Pooram Festival, exhibitions, etc."

The Court passed the above order in a Devaswom Board Appeal (DBA) filed seeking directions regarding solid waste management in the compound of Sree Vadakkunnathan Temple (Sree Vadakkunnatha Kshetra Maidan) during Thrissur Pooram of the year 1199 ME (2024).

Mere Regulatory Or Statutory Control Over District Rifle Association Doesn't Make It 'State' Under Article 12: Kerala High Court

Citation: 2024 LiveLaw Ker 254

Case Title: Anand Joseph v The District Collector

The Kerala High Court held that writ jurisdiction cannot be invoked against the Ernakulam District Rifle Association which is a society registered under a society registered the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The Court stated that a writ petition is not maintainable against a Society registered under the provisions of the Travancore Cochin, Literary, Scientific and Charitable Societies Act, 1955.

Justice Easwaran S. relying upon Pradeep Kumar Biswas v Indian Institute of Chemical Biology (2002) and Shabajit Tewary v Union of India (1975), held that a society need not necessarily come under 'other authorities' under Article 12 of the Constitution of India. 

“….only if the control of the State over such body is deep and pervasive, the same would come within the definition of State. On the other hand, if the control is merely regulatory whether under the Statute or otherwise then it would not serve to make the body a State. Applying the aforesaid principles, this Court finds that the writ petition under Article 226 of the Constitution of India against the affairs of the 3rd respondent is not maintainable”, stated the Court

Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court

Citation: 2024 LiveLaw Ker 255

Case Title: Fazid v XXXXX

The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic.

“As far as the legal position regarding the essentials of an order of discharge is well settled. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in the form of cryptic and non-speaking stature would not sustain under the law” stated Justice A. Badharudeen 

The Revision Petitioners were accused of committing offences alleged under Sections 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous means or weapons), 294(b) (obscene act and songs), 354 (assault or criminal force with intent to outrage modesty of woman), 354-A(1) (punishment for sexual harassment)), 354-C (Voyeurism), 406 (criminal breach of trust) and 498A (cruelty by husband or relative of husband) read with Section 34 (criminal intention) of IPC.

Validity Of Orders Not Tested On Basis Of Gain/Loss To Exchequer: Kerala HC Rejects Challenge To Govt Order Granting Preference In Tender Process To Labour Societies

Case Citation: 2024 LiveLaw Ker 256 

Case Title: Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. 

Case Number: WA No. 44 of 2021, WP(C) No. 23696 of 2023, WP(C) No. 16921 of 2023

The Kerala High Court has rejected a petition challenging the government orders that grant preference to labour contract societies, stating that the “focus of the executive order, though ultimately related to the award of the contract, is essentially a focus to promote community interest consistent with the policies of the welfare State. Therefore, individual contractors cannot claim parity of treatment with co-operative entities".

The court went on to add that "in the absence of any fundamental right that can be claimed by the individual contractors, the rest is a matter of State policy and where no parity can be claimed as the object of differentiation is not in recognising individual interest but rather the larger community interest”. 

A division bench consisting of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen heard the matter.

Secured Creditor Can't Proceed Under SARFAESI Act Following Dismissal Of Civil Suit For Recovery On Merits: Kerala High Court

Citation: 2024 LiveLaw Ker 257

Case Title: Jasmin K v State Bank of India

Case Number: WP(C) NO. 11797 OF 2018

The Kerala High Court has held that a secured creditor cannot proceed with recovery measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act after it chose to file a civil suit seeking recovery of dues, which got dismissed.

Justice Easwaran S. stated that the Bank cannot initiate recovery proceedings by ignoring the civil court's judgement that there was no legally recoverable debt. 

“….once an adjudication by the civil court has taken place ending in dismissal of the suit finding that there is no debt due from her, necessarily, it has to be held that the secured creditor is disentitled from proceeding further with measures under the Securitisation Act, since there is no legally recoverable debt.”

In the facts of the case, the Court found the civil suit was adjudicated and dismissed on the finding that there were no pending dues.

[General Elections 2024] All Safety Measures Taken To Ensure Free And Fair Elections In All Constituencies Across India: ECI Tells Kerala High Court

Citation: 2024 LiveLaw Ker 258

Case Title: Adv K Praveen Kumar v The Election Commission of India

Case Number: WP(C) 15968/2024

The Election Commission of India filed a statement dated April 18, 2024 as an undertaking before the Kerala High Court stating that all safety measures and steps have been taken to ensure a free and fair election in all the parliamentary constituencies in India, including Vadakara parliamentary constituency.

The statement was filed by the ECI in a writ petition filed by Advocate Praveen Kumar, the Chief Election Agent of Indian National Congress candidate Shafi Parambil alleging voter fraud at the instance of the Communist Party of India (Marxist), in the Vadakara parliamentary constituency. The writ petition was thus filed seeking video recording of the polling process and deployment of central forces in the Vadakara constituency, where the polling is set for the 26^th of this month. 

Justice Shoba Annamma Eapen disposed of the writ petition on the undertaking filed by the ECI and observed thus:

“Accordingly, the writ petition is disposed of recording the statement dated 18.04.2024, the communication dated 18.04.2024 and the undertaking of the learned Standing Counsel that they will strictly follow the aforesaid arrangements, while conducting the election scheduled to be held on 26.04.2024.”

[Lok Sabha Elections] Screening Committee Can't Issue Blanket Directions For Surrender Of Licensed Arms: Kerala High Court

Case Citation: 2024 LiveLaw Ker 259 

Case Title: Jose Joseph and ors. v. State of Kerala and ors.

Case Number: WP(C) No. 14477 of 2024

The Kerala High Court has directed the screening committee to review their order directing for the surrender of arms which were issued to licensed holders under the Arms Act.

While allowing the petition, a single judge bench of Justice N. Nagaresh stated that “Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms”.

The petitioners, who were issued a license under the Arms Act to hold arms, were challenging an order of the screening committee constituted for the surrender of arms due to the impending Lok Sabha Elections 2024.

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Case Citation: 2024 LiveLaw Ker 260 

Case Title: Thomas @ Manoj EJ v. Indu S 

Case Number: OP (FC) No. 674 of 2023

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the doctrine of res judicata is not applicable in child custody matters.

While dismissing the petition challenging the Family Court order, a division bench of Justice Raja Vijayaraghavan V and Justice PM Manoj reiterated that “the Courts have the authority to modify custody orders if there are changes in circumstances that affect the well-being of the child. Even when orders are based on agreement/understanding between parents, they can be revisited if the situation changes and it's deemed necessary for the welfare of the child”.

Person Interested In Outcome Of Dispute Can't Appoint Arbitrator: Kerala High Court Nullifies Appointment Made By Kerala Government For Its Wholly Owned Undertaking

Citation: 2024 LiveLaw Ker 261

Case Title: Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr.

Case Number: ARB.P. NO. 5 OF 2023

The Kerala High Court single bench of Justice G. Girish held that the appointment of a sole arbitrator by the Government of Kerala violated Section 12(5) of the Arbitration and Conciliation Act, 1996, as well as the precedent set by the Supreme Court in the Perkins Eastman case.

The court held that the Government of Kerala being the holder of 99.99% of the equity shares with voting rights of a company had an interest in the dispute. Consequently, it held that this inherent interest made the Government of Kerala disqualified under Section 12(5) read with the Seventh Schedule of the Arbitration Act to appoint the sole arbitrator.

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court

Citation: 2024 LiveLaw Ker 262

Case Title: Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr.

Case Number: ARB.P. NO. 5 OF 2023

The Kerala High Court single bench of Justice G. Girish held that the exemption provided for under the proviso of Section 12(5) of the Arbitration and Conciliation Act applies only in cases where there is a waiver explicitly agreed upon in writing by the parties involved.

Section 12(5) provides that any person having a relationship with the parties, counsel, or subject matter of the dispute falling under the categories specified in the Seventh Schedule is ineligible to be appointed as an arbitrator.

The court held that an appointment of the arbitrator in violation of Section 12(5) of the Arbitration Act itself is void ab initio and neither estoppel nor waiver given under any law applies against the party contesting the appointment.

'Remedy Is Election Petition': Kerala High Court Dismisses PIL Alleging Rajeev Chandrashekhar Filed False Affidavit Ahead Of Lok Sabha Polls

Case Citation: 2024 LiveLaw Ker 263

Case Title: Avani Bansal v The Election Commission of India

Case Number: WP(C) 16410/2024

Ahead of the upcoming General elections, the Kerala High Court today dismissed a public interest litigation alleging that no action has been taken on the complaint that a false affidavit has been filed along with the nomination paper by BJP leader and Union Minister Rajeev Chandrashekar.

The Bench comprising Justice V G Arun and Justice S. Manu refused to invoke the writ jurisdiction and said its hands are 'tied' as the election process has already commenced. It observed,

“We are of the opinion that whether Returning Officer should have considered the complaint and pass reasoned order cannot be considered at this stage. The remedy of the petitioners if they are aggrieved by the affidavit filed a candidate is to file an election petition.”

[Lok Sabha Elections] Each Citizen Casts Only One Vote, Double Entry Voters Not Allowed To Cast Vote In More Than One Place: Kerala High Court

Case Citation: 2024 LiveLaw Ker 264 

Case Title: Varkala Kahar v. The Election Commission of India and Ors. 

Case Number: WP(C) No. 16024 of 2024

The Kerala High Court has disposed of the plea moved by the Chief Election Agent of MP Adoor Prakash alleging that the final voters' list in the Attingal Parliamentary Constituency contained double entries.

“In a constitutional democracy, the government is a government, of the people, by the people and for the people; and each of us have a participatory role in electing the government. On the day of election, the vote that each citizen casts, counts as of the same value. So, our constitution and our law provide for one citizen, one vote and one value. That is the great power of our nation as a constitutional democracy” observed Justice Shoba Annamma Eapen. 

The plea was moved by the Chief Election Agent of Adoor Prakash, MP, who is the Congress-I candidate nominated to contest from the Attingal Parliamentary Constituency in the polling scheduled to be held on 26th April 2024. The petitioner submitted that the final voter's list prepared in the Attingal Parliamentary Constituency contains 1,61,237 double entries out of 13,93,134 voters.

[Veterinary Student Death] Evidence Suggests Maladministration, Dereliction Of Duty: Kerala HC Declines To Interfere With Suspension Of VC For Fair Inquiry

Citation: 2024 LiveLaw Ker 265

Case title: Dr. M. R. Saseendranath V State of Kerala

Case number: WP(C) 9022/ 2024

The Kerala High Court today dismissed the writ petition filed by Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University, challenging the suspension order issued against him by the Chancellor pending inquiry.

Dr Saseendranath was suspended pending enquiry on grounds of dereliction of duty and lack of sincerity over the suicide of Sidharthan J S, a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district. It is alleged that Sidharthan committed suicide on February 18, 2024, in the hostel room of his college because of ragging and brutal assault from a group of students in the college.

Justice Ziyad Rahman A.A. observed that this is a serious incident that allegedly took place inside the college campus in front of other students in an inhumane manner. The Court stated that officials who willfully or negligently did not take any measures to prevent the torture and death of Sidharthan should face legal consequences. 

“….this is a serious incident which allegedly occurred inside a college campus in front of a large number of students and the deceased was allegedly subjected to inhumane torture for days together, which ultimately led to his suicide. Therefore, it is absolutely necessary that, all the persons responsible for such incident and the officials who, either willfully or negligently, did not take any steps to prevent such torture, before it escalated into the death of a person, shall also be proceeded against. Therefore, I do not find it proper to interfere with the process of inquiry now in progress.”

'Not Rarest Of Rare': Kerala High Court Refuses To Impose Death Sentence On UP Native Narendra Kumar For Triple Murder

Citation: 2024 LiveLaw Ker 266

Case Title: State of Kerala v Narendra Kumar & Another

Case Number: D.S.R.NO.1 OF 2018, CRL.A.NO.319 OF 2017

The Kerala High Court has declined to impose death sentence upon Narendra Kumar, a native of Uttar Pradesh convicted for committing triple murders in Kottayam on May 17, 2015.

He was convicted under Section 302 IPC and sentenced to the death for the brutal murder of his employer Praveenlal and his parents Lalasan and Prasannakumari.

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. was dealing with Kumar's appeal and the Sessions court reference for confirmation of sentence. It held,

“While the facts and circumstances proved against the appellant before us clearly point to his involvement in a gruesome triple murder, we would not go so far as to categorise it as the “rarest of the rare” so as to impose the death sentence on him. This is especially so because this is a case where we have sustained the conviction of the accused for the various offences with which he was charged solely based on circumstantial evidence."

Registration Authority Can't Insist For Fitting Of Sensors To Pneumatic Doors In Buses Used As Stage Carriages: Kerala High Court

Citation: 2024 LiveLaw Ker 267

Case Title: Nijo Varghese v Transport Commissioner

Case Number: WP(C) NO. 1142 OF 2024

The Kerala High Court has held that registration authorities should not insist on fitting of sensors to pneumatic doors in buses used as stage carriages since it is not mandated under Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1).

Rule 280 of Kerala Motor Vehicles Rules deals with the entrance and exit of stage carriages and Clause 6.5 of AIS-052 (Rev.1) deals with Power Operated Service Door.

Justice N Nagaresh directed the registering authority to register the petitioner's bus without insisting on fitting sensors in the pneumatic doors, provided the bus satisfies other requirements as per paragraph 6.5 of AIS-052 (Rev.1). 

“A closer reading of Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1) would make it clear that neither the rules nor the authorities insisted for fitting of Sensors to Pneumatic Doors in a Stage Carriage. Therefore, as long as the vehicle of the petitioner satisfies the provisions contained in Chapter VI of AIS-052 (Rev.1) including the construction of tapered Test Bar as per the requirement in paragraph 6.5.1.3 and the closing force, peak force, effective force and clamping force as required in paragraph 6.5, the respondents will not be justified in insisting that the Stage Carriage of the petitioner will be registered only if the Pneumatic Doors of the Stage Carriage are fitted with Sensors.”

Co-operative Society Employees Entitled To Benefits Under Labour Welfare Legislations Like Minimum Wages Act, Maternity Benefit Act: Kerala HC

Citation: 2024 LiveLaw Ker 268

Case Title: Cherplassery Co-Operative Hospital Ltd v State of Kerala

Case Number: WP(C) NO. 32291 OF 2014

Justice Murali Purushothaman stated that the Kerala Co-operative Societies Act deals with conditions of service of the employees within Society such as post creation, qualification for appointment, method of appointment, payment of salary, promotion and retirement. Meanwhile, labour legislation deals with welfare and social security measures not encompassed under the Kerala Co-operative Societies Act and Rules.

“The employees of the Co-operative Societies are entitled to the benefits of the said labour legislations (Kerala Shops and Commercial Establishments Act, 1960, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961 and the Festival Holidays Act). The Kerala Co-operative Societies Act and Rules do not exclude the operation and applicability of the aforesaid labour laws to Co-operative Societies and the petitioner is bound to comply with the provisions of the said labour enactments.”

Malabar 'Parota' Is Akin To 'Bread', Exigible To 5% GST: Kerala High Court

Case Citation: 2024 LiveLaw Ker 269

Case Title: Modern Food Enterprises Private Limited Versus Union Of India

Case No.: WP(C) NO. 13935 OF 2021

The Kerala High Court has held that Malabar 'Parota' is akin to 'bread' and is exigible at the rate of 5% GST and not 18% GST.

The bench of Justice Dinesh Kumar Singh has observed that Malabar 'Parota' and Whole Wheat Malabar Parota are exigible at the rate of 5% GST and not 18% as held by the Advance Ruling Authority and Advance Ruling Appellate Authority.

The petitioner is in the business of manufacturing and supplying food products, namely Classic Malabar Parota and Whole Wheat Malabar Parota. The petitioner filed an application for advance ruling under Section 97 of the CGST/SGST Act for the classification and rate of tax on the two products. The petitioner sought an advance ruling seeking classification of its products and rate of GST on the understanding that the petitioner's products qualify as 'bread'.

[Actress Assault Case] Kerala High Court Dismisses Actor Dileep's Appeal Against Order Providing Witness Statements To Survivor

Case Citation: 2024 LiveLaw Ker 270

Case Title: P. Gopalakrishnan @ Dileep v. XXXX

Case Number: WA 581/ 2024

Justice N. Nagaresh and Justice P.M. Manoj dismissed the appeal filed by Dileep today. 

On April 12, 2024, the single judge of Justice K Babu directed the Ernakulam District and Sessions Judge to give the survivor copies of statements of persons examined during the fact-finding inquiry in an interim application filed by the survivor. The single judge stated that it did not intend the fact-finding inquiry to be treated as confidential and held that the survivor has the right to get copies of statements of witnesses. 

The Single judge had posted the matter to be heard on May 30, 2024, regarding the maintainability of the interim applications filed by the survivor. 

This was appealed by the actor before the Court alleging that the survivor cannot file interim applications in a petition that was disposed of on December 07, 2023. Relying upon Apex Court judgments, it was argued that the High Court cannot exercise its jurisdiction to entertain applications in a case that was already disposed of.

Financial Activity Can't Glissade Into Situation Where Its Operations Become Impossible: Kerala HC Issues Directions On Status Of Nidhi Companies

Case Citation: 2024 LiveLaw Ker 271

Case Title: Annamanada Gramekshemam Nidhi Limited v. Union of India

The  Kerala High Court recently held that any financial activity ought to be regulated reasonably within the ambit of law, and it cannot glissade into a situation where its operations become impossible, or are defeated by oppressive or impossible restrictions and regulations.

The High Court held so while finding force in the apprehensions of the “Nidhi Companies” that amendment to Section 406 of the Companies Act, 2013 will authorise the Government to bring in changes to the Nidhi Rules, 2014, to en-draft Rules 3A and 23A thereby rendering their existence & operations impossible. 

A Single Bench of Justice Devan Ramachandran observed that “in the case of any right vested to any individual or class of persons/entities, necessary regulatory mechanism and reasonable restrictions are desideratum, if not imperative, especially when public money is involved. Such cannot be challenged, if they are reasonable in nature and are within the constitutional perimeter”.

'Belated, Inconsistent Pleas': Kerala High Court Dismisses Review Petition Claiming Possession Over Govt Held Land After 70 Yrs

Citation: 2024 LiveLaw Ker 272

Case Title: Kallodi St. George Forane Church V K Mohandas

The Kerala High Court dismissed a review petition stating that a litigant cannot take inconsistent pleas before the Court without being vigilant of his rights.

In the facts of the case, the petitioner has approached the High Court with a review petition against a judgment dated February 19, 2024, rendered in a writ petition of 2015 involving a property dispute. In review, he claims ownership over the disputed property using two additional documents as evidence. 

The Court held that the petitioner for 70 years acknowledged that the ownership of the property remained with the government and disputed his rights based on possession. However, the Court noted that the petitioner adopted a different stance in the review petition by asserting title over the property using some additional documents.

NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court

Citation: 2024 LiveLaw Ker 273

Case Title: M/s Punarnava Ayurveda Hospital Pvt Ltd v. The Arbitrator for NH-66

The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.

The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment without considering their arguments, solely relying on the CALA report.

[Coastal Zone Regulations] Kerala High Court Directs Authority To Only Consider Request For Construction Of Buildings After Approval Of 2023 Cadastral Map

Citation: 2024 LiveLaw Ker 274

Case Title: Ajay Peter v Kerala Coastal Zone Management Authority & Connected Cases

The Kerala High Court has directed the Kerala Coastal Zone Management Authority (KCZMA) to grant permissions based on the 2011 CRZ notification.

The Court held that petitioners who were unable to complete constructions on their land due to a lack of the Coastal Zone Management Plan (CZMP) as per CRZ 2019 notification were entitled to claim compensation. It said, “Owners of various land falling in the prohibited area by virtue of the notifications, may not, in certain cases, be able to raise construction despite relaxation and exemption issued from time to time, and would certainly have a right to claim compensation as the said provision would be violative of Article 300A of the Constitution of India.”

Further, the Court stated that as of now 2011 CRZ notification is prevailing in Kerala and that the 2019 CRZ notification would come into force when the Coastal Zone Management Plan (CZMP) gets approved by the Central Government. It noted that even as per the 2019 CRZ notification, CRZ-III zones that permitted the construction within 200 metres have been reduced to 50 metres.

In the facts of the main writ petition, the Court found that the construction of a five-star hotel in Kundannur Canal was within 72 metres which was beyond the Coastal Regulation Zone as applicable to Kerala. It noted that the petitioner was issued with notice alleging violation of the Coastal Regulation Zone based on the CRZ 1991 notification when the CRZ 2011 notification had already come into force. 

Sanction To Prosecute Public Servant Issued After Reconsideration Of Evidence Can't Be Rejected Merely Due To Refusal Of Previous Sanction: Kerala HC

Citation Number: 2024 LiveLaw Ker 275

Case Title: BS Jayakumar v. State of Kerala, Mansoor J v. State of Kerala, A. Abdul Rasheed @ Dr. AR Babu v. State of Kerala and Sreelatha v. State of Kerala 

The Kerala High Court has stated that a sanction to prosecute public servants issued after reconsideration of the evidence submitted cannot be rejected on the grounds that the previous sanction was refused by the competent authority. 

“In the present case, the competent authority in the Government refused sanction to prosecute the public servant including accused No.2 which compelled the investigating agency to submit a refer report before the Trial Court. The Court returned the refer report with a direction to place the entire materials before the sanctioning authority to reconsider the same. The competent authority in the Government reconsidered the materials and found that the public servants had to be prosecuted and accordingly sanction was granted to prosecute them” observed Justice K Babu.

Other Significant Developments This Week

Kerala High Court Grants Anticipatory Bail To Advocate B A Aloor For Allegedly Sexually Assaulting Minor Child

Case title: Biju Antony Aloor @ B.A. Aloor v State of Kerala

Case number: B. A. No. 1634 of 2024

The Kerala High Court granted anticipatory bail to Advocate B A Aloor for allegedly sexually assaulting a minor child child. The specific allegation was that Advocate Aloor sexually assaulted the minor child who met him along with her mother to avail loan for a business transaction.

“Having noticed the facts of this case in the above line, directing the petitioner to subject himself for interrogation, the petition can be allowed by imposing necessary conditions”, stated Justice A. Badharudeen.

[Madrasa Teacher Murder] State Govt Moves Kerala High Court Against Acquittal Of Accused RSS Workers

Case Title: State of Kerala v Ajeesh @ Appu & Ors.

Case Number: CRL.A 657/2024

The State Government has moved an appeal before the Kerala High Court challenging the acquittal of three RSS workers Ajesh (accused 1), Nidhin Kumar (accused 2) and Akhilesh (accused 3) in the murder of Madrasa Teacher Muhammad Riyas.

In appeal, the State Government submitted that the accused should not have been acquitted since the prosecution produced conclusive and sufficient evidence including scientific and digital evidence to unshakingly prove the guilt of the accused by establishing the chain of events leading to the death of Riyas.

Kerala High Court Stays GST Recovery Proceedings Against Bar Council Of Kerala

Case title: Bar Council of Kerala v The Additional Commissioner

Case number: WP(C) 13133/2024

The Kerala High Court stayed the proceedings initiated by the Additional Commissioner, Central Board of Indirect Tax and Customs for recovery of service tax, penalty and interest from the Bar Council of Kerala.

Justice Dinesh Kumar Singh ordered that no coercive steps shall be taken against the Bar Council of Kerala.

[Masala Bonds Case] Convince Court On Fmr Finance Minister Dr Thomas Isaac's Involvement, Allegedly Illegal Conduct: Kerala HC Tells ED

Case title: Kerala Infrastructure Investment Fund Board V Director, Thomas Issac v Deputy Director

Case number: WPC 1377/2024 & WPC 3719/2024

The Kerala High Court stated that the Enforcement Directorate (ED) has to convince the Court regarding the specific allegations raised by it to prove illegality in the conduct of Former Finance Minister Dr Thomas Isaac showing his involvement in the masala bonds case. 

“Atleast to convince myself that there is something involved in it… Without being convinced on that, I don't want to enter into it,”, orally stated Justice T R Ravi while adjourning the matter to Tuesday for the ED to convince the Court. 

Kerala High Court Refrains From Passing Orders Against Airing Of 'The Kerala Story' Movie On Doordarshan

Case title: K G Suraj v Election Commission of India

Case number: WP (C) No. 14379/2024

The Kerala High Court today refrained from passing any orders against airing 'The Kerala Story' on Doordarshan on April 05, 2024 at 8.00 PM. (today).

Justice T R Ravi declined to pass any orders since the petitioner had only emailed representations to the Election Commission of India, Director General, Doordarshan and Director General, Prasar Bharati to prohibit airing the movie on April 04, 2024. The Court stated that the authorities should have been given time to decide on the grievances alleged by the petitioner.

[Veterinary Student Death] Deceased's Father Moves Kerala High Court Seeking Direction For CBI Probe Based On Govt Order

Case title: Jayaprakash T v Union Of India & Ors.

Case number: WP (Crl) 377/2024

Jayaprakash T, father of deceased Sidharthan J S, second year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district moves the Kerala High Court seeking a direction from the Union Government to entrust the investigation with the CBI based on a government order issued by the State Government.

The plea was filed alleging delay on the part of the State Government in forwarding the essential documents to the Union Government for taking further action for entrusting the investigation with the CBI.

[Veterinary Student Death] Delay Can Cause Prejudice, Affect Investigation: Kerala HC Urges Centre To Issue Notification For CBI Probe

Case title: Jayaprakash T v Union Of India & Ors.

Case number: WP (Crl) 377/2024

The Kerala High Court today stated that delay can defeat the ends of justice and affect the entire investigation and called upon the Union Government to issue notification under Section 5 of the Delhi Special Police Establishment Act without delay for entrusting the investigation into the death of Sidharthan with the CBI.

The Court observed that once notification was issued by the State Government under Section 6 of the Delhi Special Police Establishment Act giving sanction to CBI investigation, there should not be a further delay on the part of the Union Government directing CBI investigation under Section 6 of the Delhi Special Police Establishment Act.

Kerala High Court To Consider Feasibility Of Allowing Wheelchairs Into Naalambalam Of Temples For Differently Abled Devotees, Appoints Amicus Curiae

Case title: Suo Moto v State of Kerala

Case number: DBP NO. 25 OF 2024

The Kerala High Court is set to consider the feasibility of allowing wheelchairs inside the Nalambalam of Temples under the Travancore, Cochin, Malabar and Guruvayoor Devaswoms for facilitating differently abled devotees to have darshan inside the Temples in Kerala.

The Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon appointed Advocate V. Ramkumar Nambiar as Amicus Curiae to assist the Court. The Court has also directed the State Government and Standing Counsels of Travancore, Cochin, Malabar and Guruvayoor Devaswoms to get instructions in this matter and to submit their suggestions, if any.

Kerala High Court Calls For Transparency In Appointments Of Non-Hereditary Trustees In Temples

Case Title: Manikandan MP v. State of Kerala

Case Number: WP(C) NO. 7713 of 2024

The Kerala High Court has directed that the information relating to appointments of non-hereditary trustees of temples should be published and displayed in public places so that the devotees are informed of such developments.

“We deem it appropriate to direct the 2nd respondent Malabar Devaswom Board to give wide publicity to the notifications issued for making appointments to the post of non-hereditary trustees in the temples, which are controlled institutions under the Board” stated division bench of Justice Anil K Narendran and Justice Harishankar V Menon.

[Veterinary Student Death] Kerala High Court Declines To Grant Stay On Suspension Of Vice-Chancellor

Case title: Dr. M. R. Saseendranath V State of Kerala

Case number: WP(C) 9022/ 2024

The Kerala High Court declined to grant a stay on the suspension order, pending an enquiry issued by the Governor against Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University. 

Dr Saseendranath was suspended pending enquiry on grounds of dereliction of duty and lack of sincerity over the suicide of Sidharthan J S, a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district. It is alleged that Sidharthan committed suicide on February 18, 2024, in the hostel room of his college because of ragging and brutal assault from a group of students in the college.

'Took Casual Approach Towards Ragging': Deceased Veterinary Student's Father Moves Kerala HC To Be Impleaded In VC's Suspension Matter

Case title: Dr. M. R. Saseendranath V State of Kerala

Case number: WP(C) 9022/ 2024

Jayaprakash T, father of deceased Sidharthan J S, second year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad district has moved the Kerala High Court seeking permission to be impleaded as the 4th respondent in a petition challenging the University Vice Chancellor's suspension. 

Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University was suspended pending enquiry by the Governor over the suicide of Sidharthan. The Court was not inclined to grant a stay against the suspension order.

Kerala High Court Appoints Amicus In Plea Seeking Vigilance Probe Into Death Of Assistant Public Prosecutor

Case title: Usha P E v State of Kerala

Case number: WP(CRL.) NO. 368 OF 2024

The Kerala High Court appointed Advocate John S Ralph as amicus curiae in a plea seeking vigilance enquiry into circumstances that led to the suicide of Assistant Public Prosecutor Aneeshya in January 2024.

Aneeshya was working as an Assistant Public Prosecutor (APP) at Munisff Magistrate Court in Kollam and it is alleged that she committed suicide due to continuous mental harassment and torture from her superiors at work.

Justice K Babu held thus, “ Advocate Sri.John S.Ralph is appointed as Amicus Curiae”.

Kerala High Court Admits Youth Congress Worker's Plea Seeking Compensation For Injuries Allegedly Sustained From Police Lathi Charge

Case title: Megharaj P S @ Megha Renjith V State of Kerala

Case number: WPC 11210/2024

The Kerala High Court last week admitted a plea moved by an Indian Youth Congress (IYC) worker seeking compensation for head and neck injuries allegedly sustained in a police lathi charge during a peaceful protest march held to the Alappuzha Collectorate on January 15.

The IYC had organized the protest march against alleged police harassment of IYC Kerala President and congress workers during Nava Kerala Sadas.

Justice T R Ravi admitted the plea and directed the Government Pleader to file a statement.

Kerala High Court Allows Doctor Accused Of Abetting Girlfriend's Suicide To Rejoin PG Studies, Cites Irreversible Impact Of Missing Classes

Case Title: Dr. Ruwise EA v. The Principal 

Case Number: WP(C) No. 13744 of 2024 and WP(C) No. 5220 of 2024

The Kerala High Court has allowed a doctor accused of abetting his girlfriend's suicide to rejoin his post-graduate studies upon noting the 'irreversible damage' caused by preventing him from attending classes.

A single-judge bench consisting of Justice Ziyad Rahman AA has permitted the doctor accused of abetting his girlfriend's suicide by asking for an exorbitant dowry to rejoin post-graduate studies.

“The damages, if any caused, if the petitioner is prevented from attending the classes would be irreversible once it is found that the proceedings initiated against the petitioner, were not legally sustainable. Therefore, I am of the view that the balance of convenience is also in favour of the petitioner. In such circumstances, I am inclined to grant an interim order to the petitioner, permitting to join classes and at the same time, to ensure that, the punishment imposed against him is implemented in case the same is upheld by the court” stated the court.

[Masala Bonds Case] Not Proper To Compel Candidate To Answer ED Summons Immediately Before Lok Sabha Elections: Kerala High Court

Case title: Thomas Issac v Deputy Director, Kerala Infrastructure Investment Fund Board V Director

Case number: WPC 3719/2024 & WPC 1377/2024

The Kerala High Court has adjourned the masala bonds case hearings until the conclusion of the 2024 General Elections upon observing that Former Finance Minister Dr Thomas Isaac is a candidate contesting the elections from the Pathanamthitta constituency. The Court stated that it would not be appropriate to disturb Dr Isaac during the election-prone days by compelling him to answer the summons now.

The Court passed the above order in a plea filed by Dr Isaac challenging the summons issued against him by the Enforcement Directorate (ED) in connection with the masala bonds case.

Kerala High Court Exempts Advocates From Wearing Gowns Amid Summer Heat

The Kerala High Court has passed a resolution exempting advocates from wearing gown during the summer season.

The Full Court resolved to :

i) Permit the Advocates appearing in the Courts in the District Judiciary to wear a white shirt with band, by making the use of black coat and the Advocate's Gown optional.

ii) For the Advocates appearing in the High Court, wearing of Gown will be optional.

The resolution was passed considering a request by the Kerala High Court Advocates Association seeking to dispense with the wearing of gown considering "the sweltering Summer heat and the difficulties faced by the Advocate community across the State."

The direction will be in force till May 31, 2024.

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Case title: Meera Raju v Union of India 

Case number: WP(CRL.) NO. 376 OF 2024

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005.

The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court pointing out that there were no provisions in the Domestic Violence Act to ensure effective execution of orders passed under it. 

Justice A. Badharudeen admitted the plea and sought instructions from the Union government in this regard. The Deputy Solicitor General took notice for the Union and the Public Prosecutor took notice for the State.

[Actress Assault Case] Kerala High Court Directs Sessions Judge To Provide Copies Of Statements Of Persons Examined During Inquiry To Survivor

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022

Justice K Babu reiterated that it never intended that the fact finding inquiry to be treated as confidential and observed that the survivor was entitled to copies of statements of persons examined. 

“Petitioner sought statements of persons examined during the inquiry to ascertain the veracity of the inquiry report. There is no reason to decline the reliefs sought. The Sessions judge is directed to henceforth issue copies of statements of persons who were examined in the inquiry,” stated the Court

The Court passed the above order on a plea filed by the survivor seeking a court-monitored investigation into the alleged leakage of visuals from the Memory Card, and the change in hash value of the memory card thereof, that was kept in court custody.

[Masala Bonds Case] Election Cannot Be A Reason To Postpone Investigation: ED Tells Kerala HC In Appeal To Summon Former Minister Thomas Isaac

Case title: Enforcement Directorate v Thomas Isaac

Case number: WA 571/2024

The Enforcement Directorate has moved an appeal before the Kerala High Court against the order of the single judge directing that former Finance Minister Thomas Isaac shall not be summoned for investigation until the conclusion of the 2024 General Elections since he is a contesting candidate from Pathanamthitta constituency. 

On April 09, the single bench of Justice T R Ravi adjourned the hearings in the masala bonds case stating that it was improper to disturb a candidate who is contesting for Parliamentary elections during the election time. The single judge had adjourned the hearing to May 22, that is upon reopening of Court after summer vacation. 

The Division Bench comprising Justice A. Muhamed Mustaque and Justice M A Abdul Hakhim said the matter could be heard soon after elections, that is in the last week of April or first week of May. “The elections is scheduled in Kerala on 26 April, 2024. Both the parties (ED and Dr Isaac) are agreeable to hear the matter immediately after the elections,” stated the Court.

Kerala HC Directs Union Govt To Desist From Telecasting Bigg Boss Malayalam Season 6 If Found Violative Of Broadcasting Regulations, Advisories

Case title: Adv. Adarsh S v Union of India

Case number: WP(C) NO. 15148 OF 2024

The Kerala High Court has directed the Union Government represented by the Secretary of the Ministry of Information and Broadcasting to immediately address violations of broadcasting regulations and advisories in connection with telecasting Big Boss Malayalam Season 6.

The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim stated that the union government can direct to desist telecasting shows if violations of advisories were found. 

“In such circumstances, We direct 1st respondent to immediately address the violations of advisories if necessary by instructing the party respondents herein to desist from telecasting such shows in the electronic media. The petitioner is also permitted to forward a copy of the captured video of the telecast to the 1st respondent.”

The Court passed the above interim order in a writ petition filed by Advocate Adarsh S alleging that the Indian Reality Show- Big Boss Malayalam Season 6 violates broadcasting regulations and advisories issued by the Union Government by telecasting scenes of physical assault on national television. The petitioner also produced images and videos of physical assault telecasted on national television. 

[Thrissur Pooram 2024] Kerala High Court Mandates Six-Metre Distance Between Elephants And Crowd

Case Title: In Re: Bruno

Case Number: WP(C) 13204/ 2021

The Kerala High Court has allowed for the revised instructions to be implemented during the Thrissur Pooram, including a minimum distance of 6 meters to be maintained between elephants when being paraded and artists who may be performing at the time.

The court also highlighted the extreme heat in Kerala while directing that the 'theevetti' (fire torch) shall be placed at a minimum 6 meters away from the elephants.

The Additional Advocate General had submitted that considering the impracticalities of the earlier circular issued by the Principal Chief Conservator of Forests and based on the directions issued by the court on the April 12, a new circular had been issued modifying the conditions.

General Elections 2024: Plea In Kerala High Court Alleges Voter Fraud By CPI(M) In Vadakara, Seeks To Video Record Polling Process

Case Title: Adv K Praveen Kumar v The Election Commission of India

Case Number: WP(C) 15968/2024

Justice Shoba Annamma Eapen has posted the plea, which seeks video recording of the polling process and deployment of central forces in 1186 polling booths of the constituency, on April 19 for the statement of the Election Commission. Polling in the region is set for 26th this month.

The plea alleged that even though various steps were taken by the Election Commission to ensure a free and fair election, bogus voting and election atrocities continue taking place in the Vadakara constituency. It is stated that the Vadakara constituency including areas from Kannur and Calicut districts are hypersensitive areas.

It is alleged that bogus votes are cast in the name of persons, who were dead, abroad or working elsewhere. The plea alleges that there are high chances that CPI(M) might cadres attack voters and rival party workers to sabotage a free and fair election.

General Elections 2024: Plea In Kerala High Court Alleges Double Entries In Final Voter's List Of Attingal Constituency

Case Title: Varkala Kahar v. The Election Commission of India and Ors.

Case Number: WP(C) No. 16024 of 2024

Ahead of the 2024 General Elections, the Chief Election Agent of MP Adoor Prakash has moved the Kerala High Court alleging double entries in the final voters list at the Attingal Parliamentary Constituency. The plea asked for technology to be deployed to identify and remove double entries in the voter's list.

Justice Shoba Annamma Eapen heard the matter.

The plea was moved by the Chief Election Agent of Adoor Prakash, MP, who is the Congress-I candidate nominated to contest from Attingal Parliamentary Constituency in the polling scheduled to be held on 26.04.2024.

Supreme Court Collegium Recommends Appointment Of Advocate Sreeja Vijayalakshmi As Judge Of Kerala High Court

The Supreme Court Collegium headed by Chief Justice of India D.Y. Chandrachud, has recommended the name of Advocate Sreeja Vijayalakshmi as the Judge of the Kerala High Court. 

On December 5, 2023, the Kerala High Court Collegium recommended the name of Advocate Sreeja Vijayalakshmi for appointment as a judge. On March 12, 2024, the consideration for recommendation was deferred and a report was sought from the Chief Justice of Kerala High Court in consultation with members of the High Court Collegium on the suitability of the candidate. Accordingly, the Chief Justice of Kerala High Court submitted a report dated March 21, 2024, The Chief Minister and the Governor of the State had also concurred with the recommendation.

Plea In Kerala High Court Against Police Misbehaviour, Seeks Compensation For Wrongful Death Of Student In Car Chase

Case Title: Safiya v. State of Kerala and ors. 

Case Number: WP(C) 15558 of 2024

A plea has been moved before the Kerala High Court against police misbehaviour seeking compensation for the wrongful death of the petitioner's son.

The petitioner is the mother of Muhammed Farhaz who died due to a police chase on the 25th of August 2023. The petitioner alleges that the victim along with 3 other students had left the school in a car for the Juma prayers and had been stopped by the accused police officers of the Kumbla Police Station. The students had started the car following a violent outburst from the officers, resulting in a chase. 

The petitioner relied on the provisions under Section 5(f) to argue that no two-wheeler rider should be pursued in a hot chase in order to book them for failing to wear a helmet. 

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts

Case Title: Aarya Thomas v Union of India and Others

Case Number: WPC 16079/2024

A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts.

Justice Shoba Annamma Eapen issued a notice to the Union Government and State Government. 

The petitioner is a 39-year-old woman who is working in Dubai. Both the petitioner and her husband are employed in Dubai. The petitioner and her husband got married in Kerala under the Christian Laws and have permanent residence in Pathanamthitta district in Kerala. They have two children who were also residing with them in Dubai, UAE. The children are Indian citizens

The petitioner's husband filed for divorce and custody of the children before the Dubai Court of First Instance. The Court in UAE granted divorce without giving an opportunity of hearing to the petitioner and gave joint custody to the parties without considering Indian laws of marriage or custody. She alleges that she was unaware of foreign legal proceedings and had no sufficient legal representation

Privacy | Kerala High Court Lays Down Guidelines For DNA Test Of Children Born To Rape Victims And Given In Adoption

Case Title: Suo Moto v State of Kerala

Case Number: CRL.MC No. 5136 OF 2023

Justice K Babu stated that DNA examination of adopted children would also defeat the sanctity of adoption and thus laid down the following guidelines: 

“(i) The Courts shall not entertain applications seeking DNA examination of children given in adoption.

(ii) The Child Welfare Committee shall see that the DNA samples of children given in adoption are taken before the completion of the process of adoption.

(iii) All agencies or authorities involved in the adoption process shall ensure that the confidentiality of adoption records is maintained except as permitted under any other law for the time being in force.

(iv) Even in cases where the children were not given in adoption the Court shall consider the request for a DNA test of the children of the victim only after assessing the principle of “eminent need” and doctrine of proportionality.”

Kerala High Court Stays For 2 Months Cheruvally Estate Acquisition For Sabarimala Greenfield Airport

Case Title: Ayana Charitable Trust (formerly known as Gospel for Asia) v State of Kerala

Case Number: WPC 13775/2024, WPC 13659/2024

“Pending consideration of the writ petitions, there will be an interim order directing the official respondents not to take any further steps pursuant to Ext.P43 notification, issued under Section 11(1) produced in W.P.(C) No.13775 of 2024, for a period of 2 months. It is also ordered that the petitioners and respondents in both the writ petitions shall maintain the status quo in respect of the property, which is the subject matter of Ext.P43 notification”, stated the Court

The writ petition averred that government's previous attempts to acquire the Cheruvally Estate had led to a series of litigations. It was argued that since the government failed in those litigations, it initiated proceedings under the 2013 Act for land acquisition. The government then invoked its powers under the 2013 Act to acquire 2263.18 acres of land of Cheruvally Estate by depositing the entire compensation amount. It was argued that the government was trying to acquire the land under the 2013 Act with ulterior and malafide motives.

Justice MB Snehalatha Sworn-In As Additional Judge Of Kerala High Court

Justice MB Snehalatha was sworn in as an additional judge of the Kerala High Court today. 

The oath of office was administered by Chief Justice A J Desai. Speakers at the occasion included AG Gopalakrishna Kurup and the KHCAA President.

The Supreme Court collegium had recommended her elevation in October 2023 and the Central government notified her appointment in April 2024.

Mohiniyattam Performer Booked For Alleged Casteist Remarks Against Fellow Artist Moves Kerala High Court Against Refusal Of Pre-Arrest Bail

Case Title: Sathybhama v State of Kerala

Case Number: Crl A 733/2024

Mohiniyattam performer Kalamandalam Sathyabhama has preferred an appeal before the Kerala High Court against the dismissal of her anticipatory bail application by the Special Court for Trial of offences under SC/ST Act, for allegedly making casteist remarks against fellow artist Dr. RLV Ramakrishnan.

In an interview to DNA News Malayalam which went viral on YouTube, Sathyabhama is stated to have commented on the appearance and skin tone of Ramakrishnan, who belongs to the Scheduled Caste community, without explicitly taking his name. This prompted Ramakrishnan to file a complaint against Sathyabhama under Sections 3(1)(r) of Scheduled Caste / Scheduled Tribes (Prevention of Attrocities) Act at the Cantonment Police Station in Thiruvananthapuram district.

[Lok Sabha Elections] Advocate Moves Kerala High Court Challenging 'Polarizing' LDF Campaign Pamphlets

Case Title: Sebin Thomas v. Election Commission of India and ors. 

Case Number: WP(C) No. 16379 of 2024

Lawyer Sebin Thomas has moved the Kerala High Court challenging LDF campaign pamphlets, which the petitioner claims “shall mislead the people from the Muslim community that the law enforced by the government of India is for targeting the elimination of them”.

The petitioner, a practising lawyer, filed the petition after receiving a pamphlet distributed by the volunteers of the Left Democratic Front at his house. The pamphlet contained 25 questions against the present member of parliament, Hibi Eden along with the heading '25 questions for Hibi Eden'. The petitioner submits that the pamphlet also requests votes for the LDF candidates in the Ernakulam constituency.

Plea In Kerala High Court Alleges Police Excesses During Thrissur Pooram, Seeks Guidelines To Protect Religious Freedom During Temple Festivals

Case Title: P Sudhakaran v State of Kerala

Case Number: WPC 16440/2024

A plea has been moved before the Kerala High Court alleging excessive use of force by the Police and illegal restrictions imposed by Thrissur District Police Chief Ankit Asokan during the Thrissur Pooram held on April 19 and 20.

The petitioner, a devotee, seeks framing of directives/guidelines to prevent unlawful police interference in rituals and ceremonies during temple festivals in Kerala and to protect the religious freedom of devotees guaranteed under the Constitution.

The Division Bench comprising Justice V G Arun and Justice S Manu orally noted that the State government has initiated action against concerned police officials. However, it restrained from passing any blanket order today and sought instructions from the state government.

Mass Drills In Temple Premises Not Permitted: Plea In Kerala High Court Against Alleged Illegal Encroachment By RSS Members, Notice Issued

Case Title: Baiju v State of Kerala

Case Number: WP(C) 16359/2024

The Kerala High Court today admitted a plea moved by devotees and nearby residents of Sree Rakthakanda Swamy Temple, Omallur in Pathanamthitta district alleging illegal encroachment and unauthorized use of temple and temple premises by the members of the Rashtriya Swayam Sevak Sangh (RSS) (Respondents 7 to 10).

The Division Bench comprising Justice VG Arun and Justice S Manu admitted the matter and issued notice to the respondents. 

The Counsel appearing for the petitioners, Advocate Nikhil Sankar S submitted that the temple festival is going to be held from 21st April to 30th April 2024 and the illegal use of the temple and its premises by RSS members would create law and order situations.

[2024 General Elections] Plea In Kerala HC Alleges Minister Rajeev Chandrashekhar Filed False Affidavit, Suppressed Financial Assets While Filing Nomination

Case Title: Avani Bansal v The Election Commission of India

Case Number: WP(C) 16410/2024

Minister Rajeev Chandrashekar is the official BJP candidate contesting for the 2024 General Elections from the Thiruvananthapuram constituency. 

The public interest litigation was moved by Congress leader Avani Bansal alleging Minister Rajeev Chandrashekar had filed a false affidavit contrary to the Representation of People's Act 1951, Conduct of Election Rules 1961 and Compendium of the ECI. It is alleged that the Minister has deliberately suppressed his financial assets and has not declared significant assets such as his house, luxury cars, private jets, real estate assets, and company shares and has misrepresented his financial status in the affidavit filed along with the nomination paper. 

It is alleged that no action has been taken by the Election Officer and the Chief Electoral Officer even after prime facie evidence was given against Minister Rajeev Chandrashekar regarding the filing of a false affidavit along with the nomination paper.

[Veterinary Student Death] Accused Students Being Probed By CBI Move Kerala High Court Seeking Bail

Case Title: Akash S D v State of Kerala & Connected Cases

Case Number: Bail Appl. 2306/2024 & Connected Cases

Justice P G Ajithkumar posted the matter for hearing on May 07, 2024. 

The CBI had taken over the investigation of the matter pursuant to the orders of the Court. 

The Special Prosecutor for CBI, Senior Advocate Dr K P Satheeshan represented by Advocate Gokul D Sudhakaran submitted before the Court that final report and statements will be submitted before the Court.