Kerala High Court Monthly Digest - May 2023 [Citations: 210 - 245]

Case Title: Mahesh Thampi v. The Deputy Director of Education & Ors.

Citation: 2023 LiveLaw (Ker) 218

The Kerala High Court recently held that a teacher in an aided school governed by the Kerala Education Act (hereinafter, 'the Act') and the Kerala Education Rules (hereinafter, 'the KER'), can be dismissed from service on the basis of conviction in a criminal case, without following the procedures prescribed under Rules 65, 74 and 75 of Chapter XIVA KER.

The Division Bench comprising Justice P.B. Sureshkumar and Justice Sophy Thomas referred to Rule 77A of KER which stipulates that where a penalty is imposed on a teacher on the ground of conduct which had led to his conviction on a criminal charge, the authority taking action under the Rule, may consider the circumstances of the case and pass such orders thereon as it deems fit. Explaining its scope the bench observed:

"...where a penalty is imposed on a teacher on the ground of conduct which had led to his conviction on a criminal charge, the authority taking action under the Rule, may consider the circumstances of the case and pass such orders thereon as it deems fit. In other words, where a penalty is imposed on a teacher on the ground of his conduct which had led to his conviction on a criminal charge, it is not necessary to follow the procedure prescribed in Rule 75 and the competent authority is empowered to pass appropriate orders in such cases as it deems fit."

Vehicles With Multi-Colour LED, Neon Lights Can't Be Treated As Compliant With MV Act For Grant Of Fitness Certificate: Kerala High Court

Case Title: Anoop K.A V. Biju Prabhakar

Citation: 2023 LiveLaw (Ker) 219

The Kerala High Court recently held that vehicles that install additional LED, laser, neon lights or flash lights cannot be granted certificate of fitness as they do not comply with the provisions of the Motor Vehicles Act. The Court observed that installation of such additional lights could 'dazzle' the drivers of approaching vehicles and could pose serious threats to safety of other road users.

The Court also held that a fine of Rs.5,000/- per alteration must be imposed on vehicles installing lighting, light-signalling devices and retro-reflectors in violation of AIS-008.

A Single Judge Bench of Justice Anil K. Narendran observed,

"...vehicles which are fitted with after-market multi-coloured LED/laser/neon lights, flash lights, as seen in the screenshots reproduced hereinbefore, which are being used in a public place, openly flouting the safety standards prescribed in AIS-008, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, have to be dealt with in an appropriate manner, strictly in accordance with the law. In addition to the penal consequences provided in the statutory provisions referred to hereinbefore, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after-market multi-coloured LED/laser/neon lights, flash lights. Such goods vehicles cannot be treated as vehicles which comply with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of grant of certificate of fitness.”

S.153 IPC | Expression 'Malignantly' Or 'Wantonly' Giving Provocation With Intent To Cause Riot Indicates Higher Degree Of Malice: Kerala High Court

Case Title: Sanjeev S. v. State of Kerala

Citation: 2023 LiveLaw (Ker) 220

The Kerala High Court recently explained the scope and extent of Section 153 of the Indian Penal Code, 1860 which refers to the offence done malignantly or wantonly to give provocation to the extent of causing a riot.

The Single Judge Bench of Justice Bechu Kurian Thomas elucidated that the presence of the two expressions, 'malignantly' or 'wantonly' in the provision indicates that there ought to be a higher degree of malice or evil that is projected or evident in the act alleged.

[Special Marriage Act] Registering Authority Cannot Refuse Online Solemnization Of Marriage: Kerala High Court

Case Title: Dhanya Martin v. State of Kerala & Anr. and other connected cases

Citation: 2023 LiveLaw (Ker) 221

The Kerala High Court recently held that the registering authority under the Special Marriage Act, 1954 cannot refuse solemnization of marriage online.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas made its interim order dated September 9, 2021 in this regard absolute, and directed the State Government to follow the directions therein until the Government prescribes any other mode for compliance.

Illicit Sale Of Liquor Should Be 'In Praesenti' To Attract Offence Under Kerala Abkari Act: High Court

Case Title: Jolly Vaerghese v. State of Kerala

Citation: 2023 LiveLaw (Ker) 222

The Kerala High Court held that the sale of liquor ought to be made in praesenti in order to attract the offence under Section 55(i) of the Kerala Abkari Act (hereinafter, 'the Act').

Section 55(i) of the Act states that a person who sells or stores for sales liquor or any intoxicating drug in contravention of the Act or any Rule or Order made under the Act shall be punished.

Justice V.G. Arun, while considering an anticipatory bail application of the petitioner-accused who had been found in possession of 2.75 litres of Indian Made Foreign Liquor, observed, "There is prima facie merit in the contention that mere possession of the Indian Made Foreign Liquour (IMFL), that too within permissible limits, cannot lead to a presumption that the liquor was intended for sale. The sale should be in presenti, for the offence under Section 55(i) to be attracted."

Continued Mutual Consent Of Both Parties Necessary For Granting Divorce Decree U/S 13B Hindu Marriage Act: Kerala High Court

Case Title: Jayaraj R. v. Kavya G. Nair

Citation: 2023 LiveLaw (Ker) 223

The Kerala High Court has held that in order to seek divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955, there ought to be mutual consent of the parties when they move the court with a request to pass a decree of divorce, as well as at the time when the court is called upon to make an enquiry, if the petition is not withdrawn, to pass the final decree.

Relying on the Apex Court decision in Smruti Pahariya v. Sanjay Pahariya (2009), the Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed:

"...it is only on the continued mutual consent of the parties that a decree for divorce under Section 13B of the said Act can be passed by the court. If the petition for divorce is not formally withdrawn and is kept pending then on the date when the court grants the decree, the court has a statutory obligation to hear the parties to ascertain their consent. From the absence of one of the parties for two to three days, the court cannot presume his/her consent."

Selection Process Vitiated By Bias: Kerala High Court Quashes List For Appointment Of Anganwadi Workers

Case Title: Sreedevi S. & Ors. v. The Selection Committee, Chennithala, Thripperumthara Grama Panchayat & Ors.

Citation: 2023 LiveLaw (Ker) 224

The Kerala High Court recently quashed the selection list for appointment of Anganwadi workers in Anganwadi Centre Nos.81, 84, 96 and 155 of Chennithala Thriperumthura Grama Panchayat under the Integrated Child Development Services (ICDS) Mavelikkara Project.

Justice N. Nagaresh, on finding the selection process vitiated by bias, quashed the same and directed the respondents- Director and Officer of the Women and Child Development, the Child Development Project Officer, and the Chennithala Thriperumthura Grama Panchayat- to constitute a fresh Selection Committee and conduct the selection process afresh, considering the candidature of those who had already participated in the process, within 2 months.

Case Title: Petro David v. State of Kerala

Citation: 2023 LiveLaw (Ker) 225

The Kerala High Court recently set aside the order of a Magistrate Court by which the latter vacated its own order allowing cross-examination of certain witnesses, merely on the ground that the counsel for the accused could not appear on the day the witnesses were examined.

Observing that the impugned order issued by JFCM Court at North Paravur was unjustifiable, the Single Judge Bench of Justice C.S. Dias observed:

"Having considered the facts and circumstances of the case, and the materials on record, I am of the definite view that the court below after applying its mind, exercising its discretion and by holding that the injured and the occurrence witnesses have to be examined on the same day, it was unreasonable and unjustifiable on the part of the court below to have vacated the said order for the mere reason that the counsel for the petitioner was absent on the day when the witnesses were examined. This is an addition to the fact the court below had imposed a cost of Rs.4,000/- on the petitioner to meet the expenses of CWs 1 to 4, who were present before the court below and were put to inconvenience".

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court

Case Title: Ratheesh Dasan V. State Of Kerala

Citation: 2023 LiveLaw (Ker) 226

The Kerala High Court recently held that High Court has the power to prescribe conditions for inter district transfers of employees in the administrative side of the judiciary. The Court observed that this power is derived from Article 235 of the Constitution which grants the High Court the power to exercise complete administrative control over the subordinate courts.

A single bench of Justice N Nagaresh observed,

“The courts are institutions or an organism where all the limbs complete the whole system of courts. When the constitutional provision is of such wide amplitude to cover both the courts and persons belonging to the judicial office, there would be no reason to exclude the other limbs of the courts, namely, administrative functionaries and ministerial staff of its establishment from the scope of control. Such control is exclusive in nature, comprehensive in extent and effective in operation.”

Possession Of Live Cartridge Without Corresponding Weapon Not An Offence Under Arms Act: Kerala High Court

Case Title: Shantanu Yadav Rao Hire v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 227

The Kerala High Court recently ruled that the presence of a live cartridge alone that had been seized from the bag of a passenger during the security check at the airport without seizure of any corresponding fire-arm would indicate that there was no 'conscious possession' by such passenger, and hence, would not amount to an offence under the Arms Act, 1959.

Elucidating Section 25 of the Act that pertains to 'possession of firearm', Justice Bechu Kurian Thomas, observed,

"Possession of a fire-arm under section 25 of the Act means conscious possession involving a mental element. Mere custody, without any element of consciousness or knowledge of that possession, cannot amount to an offence under the Act. It is settled law that the possession of a fire-arm under the Arms Act must have the element of consciousness or knowledge of that possession on the person charged with such offence. Further, even if he has no actual physical possession, if he nonetheless has power or control over the weapon, his possession will amount to a conscious possession, even if the actual possession is with a third party."

Bail Bond Cannot Be Cancelled After Transfer Of Case Without Issuing Notice To Accused And Sureties: Kerala High Court

Case Title: Muhammed Abdulla Sha V State of Kerala

Citation: 2023 LiveLaw (Ker) 228

The Kerala High Court recently held that when a court transfers a case to another court, the transferor court must issue notice to the accused and sureties without which bail bonds cannot be cancelled.

A single bench of Justice Bechu Kurian Thomas observed,

“When a case is transferred, that too after suo motu advancing it from the next posting date, it is imperative that the transferor court issues notice or intimates the transfer to the accused and the sureties. In the absence of such a notice to the accused and sureties, the bail bonds cannot be cancelled. If after transfer the accused fails to turn up, proceedings to forfeit the bond of the sureties ought to be resorted to only if notice had been served on the surety. If the transferor court had not issued notice to sureties, then, atleast the transferee court must issue notice to the sureties before forfeiting the bond.”

[Loan Default] Acts Of Bank Officials While Taking Possession Of Building Protected Under Section 32 Of SARFAESI Act: Kerala High Court

Case Title: PNB Housing Finance Ltd. V. State Of Kerala

Citation: 2023 LiveLaw (Ker) 229

The Kerala High Court held that the acts of bank officials in connection with taking possession of a building or an apartment under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 are protected under Section 32 of the Act, if they are done in good faith.

The Court was considering a petition filed by officials of Punjab National Bank for quashing an FIR filed by an apartment owner under several sections of the Indian Penal Code including Section 442 (house trespass) and Section 448 (punishment for house trespass). The bank had proceeded against the de facto complainant under the SARFAESI Act for defaulting in loan repayment. The complainant alleged that the bank officials entered the building without his consent and ought to be prosecuted for trespass.

A single bench of Justice K Babu quashing the FIR observed,

“Though the action taken by the officials of the bank under the SARFAESI Act is neither unquestionable nor treated as sacrosanct under all circumstances but if there is discrepancy in the manner the officials have proceeded, it will always be open to assail it in the forum provided. However, as far as those acts are concerned, the officials are protected from criminal prosecution under Section 32 of the SARFAESI Act. Therefore, registration of FIR under Section 442 read with Section 448 of IPC against the petitioners is an abuse of the process of law which is liable to be quashed.”

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case

Case Title: Unni Mukundan V State of Kerala

Citation: 2023 LiveLaw (Ker) 230

The Kerala High Court dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 (Assault of criminal force to woman with intent to outrage her modesty) and Section 354-B (Assault or use of criminal force to woman with intent to disrobe) of the Indian Penal Code,1860.

The case relates to an ongoing trial court proceeding against the actor, which was initiated based on a complaint filed by a woman in 2017, accusing the actor of sexual harassment. The complainant alleged that the actor forcefully kissed her and attempted to rape her when she visited the actor at his residence in Kochi to discuss a movie project.

A single bench of Justice K Babu dismissed the actor’s application holding that “the materials placed by the prosecution prima facie disclosed the existence of all the ingredients constituting the alleged offences.”

Kerala High Court Permits Waqf Board To Proceed With Framing Scheme For School Administration Pending Decision Whether It Is Waqf Property Or Not

Case Title: Vaduthala Juma-Ath Educational Trust & Ors. v. Kerala State Waqf Board & Anr.

Citation: 2023 LiveLaw (Ker) 231

The Kerala High Court refused to interfere with an order of Waqf Board for framing scheme for administration of a school, while issue pertaining to whether or not such school is a waqf property is pending consideration before Waqf Tribunal.

Court added that while the process of framing a scheme for the administration of Vaduthala Jama-ath Higher Secondary School could continue, the same shall not be implemented until Waqf Tribunal arrived at its decision.

Before Arresting Accused Police Must Verify With Prosecutor's Office If Any Interim Order Subsists In Pending Bail Plea: Kerala High Court

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

Citation: 2023 LiveLaw (Ker) 232

The Kerala High Court declared that it is the duty of every Police Officer to contact the office of the Prosecutor before arresting an accused, when a bail application is pending before a court of law, to verify whether there is any interim order passed by the Court.

Justice P.V. Kunhikrishnan observed,

"Without verifying the same from the office of the prosecutor, it is not proper on the part of the Police Officer to arrest an accused when an interim order is in force."

[Indian Succession Act] Courts Within Kerala Have No Jurisdiction To Issue Probate Or Letter Of Administration Sans State's Authorisation: High Court

Case Title: T.K.Natarajan V T.K.Raman Achari

Citation: 2023 LiveLaw (Ker) 233

The Kerala High Court recently held that unless there is a notification by the State Government as mandated under Section 264(2) of the Indian Succession Act, 1925 no court in the State will have the jurisdiction to issue probate or letters of administration.

A single bench of Justice P Somarajan observed that for the State of Kerala no such notification has been issued under the Act thus far.

“So far no notification has been issued by the State Government under Section 264(2) of the Act. In the Rules framed by the High Court (Indian Succession Rules (Kerala) 1968), though provisions were made regarding issuance of probate and letters of administration, nothing was incorporated to the effect of notification as mandated under Section 264(2) of the Act. In fact, a notification under Section 264(2) of the Act has to be issued by the Government and in the absence of such notification, no jurisdiction can be exercised by the Courts within the State of Kerala for issuance of either probate or letters of administration.”

Kerala High Court Enunciates Broad Principles For Compounding Of Sexual Offences Against Women & Children Upon Compromise With Accused

Case Title: Vishnu v. State of Kerala & Anr. and other connected matters

Citation: 2023 LiveLaw (Ker) 234

The Kerala High Court laid down certain broad principles to be borne in mind while considering pleas to quash criminal proceedings involving non-compoundable sexual offences against women and children, upon a compromise between the accused and the victim, invoking Section 482 of the Code of Criminal Procedure.

The Single Judge Bench of Justice Kauser Edappagath while hearing a batch of quashing petitions said no straitjacket formula can be formulated as each case is unique, and would have to be decided based on its peculiar facts.

The Court went on to add,

"...where the High Court has such facts on record which clearly exhibit that the criminal prosecution involving non-compoundable sexual offences against women and children will result in greater injustice to the victim, its closure would only promote her well-being, and the possibility of a conviction is remote, it can indubitably evaluate the consequential effects of the offence beyond the body of an individual and thereafter adopt a pragmatic approach and very well decide to quash such proceeding upon a compromise between the accused and the victim after taking into account all the relevant facts and circumstances of the particular case including the nature, magnitude, consequences of the crime and genuineness of the compromise. Needless to emphasize, the sexual offences which are grave, heinous, and gruesome in nature shall never be the subject matter of compromise".

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Case Title: Prema Joy V. John Britto

Citation: 2023 LiveLaw (Ker) 235

The Kerala High Court held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.

The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. “Because a litigant has the resource to approach this Court with a prayer to expedite his case, he should not be allowed to break the queue and get an undue advantage unless the situation warrants.” the Court observed.

A division bench of Justice A K Jayasankaran Nambiar and Justice Mohammed Nias C P observed,

“Ordinarily, the disposal of a case in Courts must be as per the seniority, namely chronological basis, and deviation from that must be an exception on valid and genuine grounds. No litigant should normally be allowed to jump the queue or steal a march over the other litigants who filed cases earlier. Only if a litigant files an application stating the reason for an early hearing of the case and only if the court is satisfied with the reasons furnished can a case be posted out of turn."

Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court

Case Title: Nixy James V Kerala State Road Transport Corporation

Citation: 2023 LiveLaw (Ker) 236

The Kerala High Court recently held that an employee in service can be transferred on administrative grounds in order to maintain a harmonious atmosphere in office for its smooth functioning.

A single bench of Justice Sathish Ninan also observed that departmental action may not be required in light of such transfers as they are not to be considered as punishment, but only a means to maintain a good work environment:

“When an employee is transferred to maintain the smooth running of an organization, it is not to be understood as a punishment. The element of punishment is absent therein. The idea is to maintain the internal harmony of the organisation and to safeguard its smooth functioning. In every case of erratic or inappropriate behaviour by a subordinate, the employer is not bound to initiate departmental action and to impose punishment. For effecting a transfer, there need not be any enquiry conducted to first ascertain whether there was misbehaviour or conduct unbecoming of an employee. To hold otherwise would frustrate the very purpose of transferring an employee in public interest or exigencies of administration, to enforce a decorum and ensure probity.”

'Unhealthy, Unscientific & Deleterious Practices To Be Prevented, Even If Done In Name Of Religion': Kerala High Court On Animal Sacrifice

Case Title: Raveendran P.T. v. State of Kerala & Ors.

Citation: 2023 LiveLaw (Ker) 237

The Kerala High Court recently observed that all unhealthy, unscientific and deleterious practices are to be prevented, even if the same has been done in the name of religion. The Court made the observation while ordering probe against the ritualistic sacrifice of birds and animals at a private residence.

Justice V.G. Arun further directed that if it is found that a place of worship for conducting rituals had been constructed, with members of the public participating in it, immediate action ought to be taken to stop the same.

The court added that if it is found that slaughter of animals and birds is taking place in the precincts of the building, appropriate action under the Kerala Animals and Birds Sacrifices Prohibition Act also ought to be taken.

The pachyderm was earlier translocated to Periyar Tiger Reserve for allegedly foraging into the human settlements in Chinnakanal area, However, as per reports the elephant moved close to human settlements in Tamil Nadu leading to issuance of an order by the Chief Wildlife Warden, Tamil Nadu Forest Department to tranquilize and capture and translocate the elephant to the deep forest area of Villaimalai (in Tamil Nadu).

At the outset, the Division Bench comprising Justice Alexander Thomas and Justice C. Jayachandran found that the petitioner had neither made out any factual averments or legal grounds to show that the order issued by the CWW is illegal, nor had he challenged the same.

"We fail to understand the rationale for the petitioner for venturing into these litigation proceedings. Having read the facts and circumstances of the case, we refrain and restrain ourselves from imposing costs," the Court observed.

Case Title: Adv Anoop V.R V State of Kerala

The Kerala High Court sought the response of the Centre and the Producers of the film 'Kerala Story' in a writ petition filed seeking a stay on its release.

A division bench comprising of Justice N. Nagaresh and Justice Mohammed Nias C.P has posted the matter for further consideration on 5th May.

The court noted the submission of the petitioner that the teaser had not gotten the permission of the CBFC. However, the court in its order stated that when the teaser of the film was released as early as 03.11.2022, the petitioner should have moved the court earlier and not right before its release date on 05.05.2023.

“We also note that at this stage, without viewing the movie, allegations need not be entertained just on the basis of the teaser," the court said in its 2nd May order.

Arikomban's Translocation Not Answer To Man-Animal Conflicts, Need Long Term Measures To Overcome Problems Created By Human Race: Kerala High Court

Case Title: In Re: Bruno

The Kerala High Court cited lack of proper waste management as reason for increasing incidents of animals encroaching into human settlements. The Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. while considering the case pertaining to rogue elephant 'Arikomban' observed,

"Waste is piling up and this is attracting the animals. And you say that animals are encroaching into human settlements. We are not addressing the real issue here. Waste management is a big issue. Going by the report of the District Legal Services Authority (DLSA), there is absolutely no mechanism for waste collection and management. You create and they will encroach since they are attracted by the smell and the taste".

Kerala High Court Refuses To Stay "The Kerala Story" Exhibition; Producer Agrees To Remove Teaser Claiming Conversion Of 32,000 Women

Case Title: Adv Anoop V.R V State of Kerala and other connected matters

The Kerala High Court refused to stay the release of the controversial film 'The Kerala Story', which hit theatres today.

However the Division Bench comprising Justice N. Nagaresh and Justice Sophy Thomas, recorded the submission of the producer that the teaser of the movie, which claimed that over 32,000 women from Kerala were recruited to ISIS, will be removed from their social media accounts.

Refusing to stay the release of the film the Court observed that the film only says it 'inspired by true events'. The bench also noted that the Central Board of Film Certification (CBFC) has certified the film for public viewing. The bench also watched the trailer of the film and opined that there was nothing offensive to any particular community in it. The bench also noted that none of the petitioners has watched the film and that the producers have added a disclaimer that the film is a fictionalised version of events.

The Kerala Story : Kerala High Court Allows Petitioners To Pursue Their Complaints Before CBFC Against Film

Case Title: Adv Anoop V.R V State of Kerala and other connected matters

While refusing to stay the exhibition of "The Kerala Story" movie, the Kerala High Court granted liberty to two of the petitioners to pursue the complaint filed before the Central Board of Film Certification (CBFC) against the controversial film.

The Division Bench of Justice N. Nagaresh and Justice Sophy Thomas, taking note that one of the petitioners represented by Advocate P.K. Ibrahim in WP(C) 15303/ 2023 had already filed a complaint invoking Rule 32 of The Cinematograph (Certification) Rules,1983, before the Board, observed that,

"....the petitioner will be at liberty to prosecute said complaint".

Advocate Kaleeswaram Raj, appearing for another petitioner named Anoop VR, also informed the bench that he has also filed a similar complaint. The bench said that he is also at liberty to prosecute the complaint.

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors.

The Kerala High Court has ordered that medical interns, house surgeons and post-graduate medical students should also be provided protection under the provisions of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

The Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath issued this preliminary direction in a special sitting convened today in light of the tragic death of a young house surgeon who was stabbed to death by a patient who was in police custody. The matter was heard in the ongoing case relating to frequent attacks against doctors and healthcare staff.

Tanur Boat Tragedy: Kerala High Court Initiates Suo Moto Proceedings, Cracks Whip On State Authorities For Failed Supervision

Case Title: Suo Motu v. State of Kerala

The Kerala High Court initiated suo motu proceedings in light of the boat accident that claimed 22 lives, including 15 children in Tanur area of Malappuram district.

As per media reports, the tourist boat which had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overcrowding. It is alleged that the boat which only had around twenty seats, had accommodated persons over and above its capacity.

The Division Bench comprising Justice Devan Ramachandran and Justice Shoba Annamma Eapen, while proposing to initiate suo motu action on the incident observed:

"The final loss is for the citizens and no other, because instances like this are erased from memory soon. Therefore judicial interference becomes necessary, lest the unfortunate loss of lives is forgotten."

'If Doctors Can't Be Protected, Shut Down All Hospitals': Kerala High Court Slams State, Police Over Doctor's Murder By Man In Custody Brought For Checkup

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors.

In an urgent special sitting convened, the Kerala High Court slammed the State and Police authorities for their failure to prevent the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in police jeep. The unfortunate incident happened early this morning.

"If doctors can't be protected, shut down all hospitals," a Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath orally remarked, while slamming the police for failing in its duty to protect the young female doctor. "You have failed this girl. This is a case where you brought a man from your custody. The police should have maintained continuous vigilance," it added.

The 23-year-old house surgeon was allegedly stabbed multiple times by the attacker, Sandeep, who is a school teacher. The attacker who was in police custody was brought to the Kottarakkara Taluk Hospital for treatment of his injuries. While he was being treated, he turned violent and proceeded to stab the victim with dressing room scissors.

Kollam Doctor Murder | Police Duty To Guard Citizens Even At Cost Of Their Own Lives: Kerala High Court; Police Chief Assures Of Modified Protocol

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors.

The Kerala High Court observed that it is the lack of protocols and systemic failure that led to the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam.

A Division Bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath observed,

"As far as the incident in question is concerned, there can be little doubt that the killing of a doctor by a person in custody of police, be that as an accused or in any other capacity, points strongly at a systemic failure. The police officers were also ad idem that it is the fundamental duty of any officer to have guarded a citizen even at the cost of their own lives."

Can't Allow Boat Operators To Make Money At Cost Of People's Lives: Kerala High Court Issues Preliminary Directions To Avert Overloading

Case Title: Suo Motu v. State of Kerala

Following the unfortunate Tanur boat tragedy that claimed 22 lives, including that of 15 children, the Kerala High Court issued preliminary directions to avert any further boat accidents in the State.

As per media reports, the tourist boat that had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overloading. It is alleged that the boat which only had around twenty seats, had accommodated persons over and above its capacity.

While continuing its suo motu proceedings in the matter, a Division Bench comprising Justice Devan Ramachandran and Justice Sophy Thomas was resolute that inter alia, overloading of boats, whether tourist and passenger, has to be restrained.

"Why should someone be allowed to make money at the risk and cost of someone else's life? There may have been other underlying factors involved, but had the aspect of overloading been avoided, perhaps, the loss of life would have been averted or minimized," the bench orally remarked.

It thus went on to declare that "the fundamental imperative is to ensure that every boat in Kerala is allowed to ferry/carry persons only to the maximum capacity as certified by the competent authority...We have a duty towards these people, and to the Constitution. So the fundamental first duty is to prevent overloading. For that, we have to begin now."

Kerala High Court Allows Conduct Of Vacation Classes For Students Aged Above 14 Years, Stays Govt Order

Case Title: Kerala CBSE School Management Association & Ors. v. State of Kerala & Ors.

The Kerala High Court stayed the order issued by the Kerala Government prohibiting conduct of vacation classes. The High Court observed that vacation classes for students above the age of 14 years could be conducted, and could not be disturbed without valid reasons.

Staying the Government order for a period of two weeks, the Single Judge Bench of Justice A. Badharudeen observed,

"...classes during vacation, in fact, are aimed for the welfare and well-being of the students, for which PTA (Parent Teacher Association) also given consent. Therefore, classes provided during summer vacation, as consented by the school authorities and the parents and the students for the benefit of the students, need not be disturbed without valid reasons".

'When Court Speaks For People, It Becomes Anti-Govt?' : Kerala High Court Laments Cyber Attacks On Judges

Case Title: Suo Motu v. State of Kerala

The Kerala High Court condemned the cyber attacks being launched against judges for taking up matters of public importance.

"...The problem is, when Court speaks for the people, it becomes anti-government. I don't know how this happens. We are facing cyber attacks. What kind of system are we creating where Judges can't speak aloud? Because we have initiated a suo motu in this case, we are attacked...It is the duty of the State to also ensure that the Judiciary is also able to work," the Judge observed today.

Justice Ramachandran was referring to certain social media posts made against his bench for initiating suo motu action in light of the tragic boat accident in Tanur and the murder of a young house surgeon by a patient who was in police custody. The adverse remarks were brought to the Court's attention by its Registry.

The Judge disclosed that the incidents had emotionally exhausted him, adding to the fact that the judiciary was being attacked by certain persons 'left, right, and centre'. The Judge mentioned that a few 'persons in robes' were also amongst those levelling the attacks.

'Even Profit Making Entities Indifferent To Consumers': Cochin Airport Directed To Compensate Passenger Who Got Drenched While Boarding, Caught Fever

Case Title: T.G.N. Kumar v. The Managing Director, CIAL & Ors.

The District Consumer Disputes Redressal Commission at Ernakulam recently directed the Cochin International Airport Ltd. (CIAL) to pay a compensation of Rs. 16,000/- to a passenger for its failure to provide adequate facilities to him to board the flight without getting drenched in the rain.

The bench comprising President DB Bindu and members V. Ramachandran and Sreevidhia T. N., while passing the Order, observed,

"It is generally seen that even huge profit making entities are indifferent in their attitude towards consumers in the protection of their rights. We cannot be mute spectators when consumers approach commissions like these for the redressal of their grievances which cannot be raised elsewhere".

Case Title: Praveen Arimbrathodiyil & Anr. v. Union of India & Ors.

A plea has been filed in the Kerala High Court challenging the blocking of Free and Open Source Software (FOSS) applications— 'Element' and 'Briar', by the Central Government under Section 69A of the Information Technology Act, 2000 (hereinafter, 'IT Act, 2000').

As per media reports, on May 1, 2023, Centre blocked fourteen mobile messaging applications under Section 69A of the IT Act on grounds of such applications allegedly being used for communication between 'bad actors' in Jammu and Kashmir, including the two widely used FOSS applications named 'Element' and 'Briar'.

The Single Judge Bench of Justice Shoba Annamma Eapen issued notice to Ministry of Information and Broadcasting and the Ministry of Electronics and Information Technology.

Plea In Kerala High Court Seeks Ban On Children Performing 'Thee Chamundi Theyyam' Ritual Dance

Case Title: Dhisha v. Union of India & Ors.

A petition in the nature of a Public Interest Litigation (PIL) has been filed in the Kerala High Court seeking a ban on the participation of children in the performance of ‘Thee Chamundi Theyyam’, a ritualistic dance in north Malabar region of Kerala.

In the plea filed by NGO Dhisha, it has been alleged that the ritualistic dance performance, also known as 'Ottakolam Theyyam', which is held by the Chirakkal Kovilakam and Chirakkal Temple Trust in connection with their annual function, involves the children being thrown to the embers a minimum of 101 times.

When the matter came up before the Division Bench comprising Justice Anil K. Narendran and Justice Kauser Edappagath on Tuesday, the Court asked the petitioner to file an application to implead the Malabar Devaswom Board and the trustees of the temple under which the dance performance was conducted, as additional respondents.

Kerala High Court Constitutes Expert Committee To Address Issue Of Human-Animal Conflicts, Restoration Of Wildlife Corridors

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

The Kerala High Court constituted an Expert Committee to aid and advise regarding the short-term and long-term measures to address the problem of human-wildlife conflict, restoration of wildlife habitats, restoration of wildlife corridors and matters incidental to it.

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. actualized its suggestion made while hearing the case pertaining to the translocation of the rogue elephant 'Arikomban' to the Parambikulam Tiger Reserve from Chinnakanal.

Lawyer Moves Kerala High Court Seeking ₹1 Crore Compensation For Family Of Kollam Doctor Stabbed To Death By Man In Custody During Checkup

Case Title: Adv. Manoj Rajagopal v. State of Kerala & Ors

A lawyer has approached the Kerala High Court seeking Rs. 1 Crore compensation for the bereaved family members of the 23 years old house surgeon, Dr. Vandana Das, who was brutally killed by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam.

The incident occurred during the wee hours of the morning on May 10, 2023, when the house surgeon was on duty. She was stabbed multiple times by Sandeep, a school teacher, using dressing room scissors. The attacker was brought to the Kottarakkara Taluk Hospital by the police for treatment of his injuries.

The matter is before the Division Bench comprising Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar. The plea avers that the tragedy was a result of systemic failure and yet, the Government has not announced any compensation to the bereaved family.

"Dr. Vandana Das was the only daughter and her death cannot be compensated in terms of money. The doctor's community across the State has been frequently demanding the Government to provide necessary security to doctors in the Hospitals. The physical attack towards doctors has been increasing day by day," the plea states.

'Social & Medical Complications Likely': Kerala High Court Allows Medical Termination Of Pregnancy Of 15 Year Old Girl Impregnated By Brother

Case Title: XXX v Union of India

The Kerala High Court allowed the termination of pregnancy of a 15 year old minor girl who was impregnated by her brother. The petition was filed by the father on behalf of the minor daughter who was 7 months pregnant.

A single bench of Justice Ziyad Rahman observed that:

“Considering the fact, the child is born from his own sibling, various social and medical complications are likely to arise. In such circumstances, the permission as sought for by the petitioner to terminate the pregnancy is inevitable.”

Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala

The Kerala High Court came down heavily on the State for its inaction in the matter pertaining to illegal installation of boards and banners at public places in the State.

“If Local Self Governments cannot comply with directions, please step down. Don’t provoke this court," Justice Devan Ramachandran remarked.

The Court stated that the Local Self Governments were complying with orders of the Court by issuing circulars but they did not have the ‘guts or political will’ to actually implement them. “This is the bane of our State now”, the Court remarked.

“The directions of the Court cannot be violated, particularly after they themselves have issued orders, circulars and proceedings in compliance. This Court has already nominated and established committees for removing unauthorised installations and if they are not working as ordered, then certainly action including for contempt or constitutional violations will have to be initiated. This court places all such authorities on notice that continuous disregard to directives will expose them to stringent action under every warrant of law,” the court said in its order.

Kerala High Court Directs State To Consider NGO’s Plea For Appointment Of Chairman Of NRI Commission

Case Title: Pravasi Legal Cell v State of Kerala

The Kerala High Court directed the State to consider the plea of an NGO by the name of Pravasi Legal Cell, for appointing a new Chairman to the Non-Resident Indians (Keralites) Commission, a commission constituted for protecting the interests of Malayalis residing outside of India.

A single bench of Justice P V Kunhikrishnan has directed the Principal Secretary of Non-Resident Keralites Affairs to take a decision on the representation of the NGO within 4 months.

Kerala High Court Stays Conduct Of State Boxing Championship Proposed To Be Held By State Amateur Boxing Association

Case Title: D Chandralal V Kerala State Sports Council

The Kerala High Court stayed the conduct of the ‘Kerala State Boxing Championship 2023-24’ organised by the Kerala State Amateur Boxing Association proposed to be held between 28th to 30th May.

A single bench of Justice P V Kunhikrishnan stayed the Championship in a plea filed by Indian Boxing Coach and Dronacharya Awardee D Chandralal. It was his case that the Kerala State Amateur Boxing Association was a suspended and disaffiliated sports organisation and that a state wide selection and championships was proposed to be conducted by the Review/Technical committee appointed by Kerala Sports Council and National Federation from 29th to 31st May.

Kollam Doctor Murder: Kerala High Court Issues Notice To State On Lawyer's Plea Seeking ₹1 Crore Compensation For Bereaved Family

Case Title: Adv. Manoj Rajagopal v. State of Kerala & Ors.

The Kerala High Court issued notice to the State authorities in the plea filed by a lawyer seeking Rs. 1 Crore compensation for the bereaved family members of the 23 years old house surgeon, Dr. Vandana Das, who was brutally killed by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam.

The Acting Chief Justice S.V. Bhatti and Justice Basant Balaji, while tagging the case with the connected matter, observed that the reason for not dismissing the plea despite the petitioner being a stranger was that the petitioner's mother was also a doctor.

"The circumstance that is dissuading us from dismissing your case is the petitioner's mother is also a doctor. This.. we appreciate. We will tag this with the connected matter," the Court orally observed.

Kerala High Court Seeks Investigation Status Into Alleged Trespassing Incident In Protected Area Of Ponnambalamedu Near Sabarimala

Case Title: Suo Motu v. Union of India & Ors

The Kerala High Court sought information regarding the present stage of investigation from the Deputy Director, Periyar West Division, and the District Police Chief, in the matter relating to the alleged trespass by some persons into the sacred 'Kalthara' of Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Senior Government Pleader was directed to get instructions in that regard from the said authorities.

The issue came to light after a video of certain persons performing a pooja at Ponnambalamedu surfaced online. The sacred area is also a part of the core zone of the Periyar Tiger Reserve.

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar initiated the suo motu case in the matter, and took action on the report of Sabarimala special commissioner.

Kerala High Court Halts Renovation Of Sri Thirunelli Mahavishnu Temple For 10 Days

Case Title: Saleesh V. v. State of Kerala & Ors.

The Kerala High Court restrained the Executive Officer of the Sri Thirunelli Mahavishnu Temple, from proceeding with any renovation works in the Temple for a period of 10 days.

The incident came to light after certain news reports surfaced stating that the Archaeology Department was being kept in the dark as regards the renovation work being carried out in the temple, and highlighted the necessity to protect the historically significant structures at the temple.

'Students Need A Break': Kerala High Court Refuses To Extend Interim Order Allowing Vacation Classes; Refers Matter To Division Bench

Case Title: Kerala CBSE School Management Association & Ors. v. State of Kerala & Ors

The Kerala High Court was of the considered opinion that the interim order passed by another Single Bench staying the operation of a GO prohibiting conduct of vacation classes, could not be extended as the same would be violative of the Kerala Education Rules.

Rule 1 Chapter VII of the Kerala Education Rules (hereinafter, 'KER') mandates that all schools shall be closed for summer vacation every year on the last working day of March and reopened on the 1st working day of June unless otherwise notified by the Director.

The Single Judge Bench of Justice P.V. Kunhikrishnan observed that the Director of General Education (DGE) had issued the impugned order stating that no classes shall be held during summer vacations in any of the schools due to the prevailing atmospheric temperature, and that the same was in tune with Rule 1 of Chapter VII of KER, thus not warranting the interference of the Court in invoking Article 226.

Disproportionate Assets: Kerala High Court Stays Vigilance Case Against KM Shaji For Three Months, Says Prima Facie Pre-Cognizance Sanction Required

Case Title: K.M. Shaji v. State of Kerala & Ors

The Kerala High Court stayed the vigilance case relating to amassment of disproportionate assets against the Indian Union Muslim League leader and former MLA K.M. Shaji, for a period of three months.

Justice Ziyad Rahman A.A. passed the interim order, observing that the Special Judge at Kozhikode had invoked his jurisdiction under Section 156(3) Cr.P.C. without obtaining sanction from the government.

Kollam Doctor Death | Draft Protocol For Producing Persons In Custody Before Hospitals Ready: State Tells Kerala High Court

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors. and Adv. Manoj Rajagopal v. State of Kerala

The Kerala High Court directed the Government to hear the representatives of the Kerala Judicial Officers Association, the Kerala University of Health Sciences (KUHS), the IMA - Kerala Chapter, Kerala Private Hospital Association, the Kerala Govt Medical Officers Association (KGMOA), and the Kerala Govt Medical College Teacher Association (KGMCT), while finalizing protocols for production of persons from the custody of the police.

The Court made the above direction while considering the case relating to the death of a 23 year old house surgeon, Dr. Vandana Das, who was brutally killed by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam, earlier this month. The Senior Government Pleader S. Kannan, today, informed the Court that a draft of the protocol had been prepared by the Police department and submitted to the Government, in accordance with the direction of the Court.

Kerala High Court Issues Direction To Prevent Unauthorized Entry In Ponnambalamedu Area Of Sabarimala

Case Title: Suo Motu v. Union of India & Ors.

The Kerala High Court directed the Deputy Director, Periyar West Division to prevent unauthorized entry of anyone near Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Deputy Director was further directed to file an affidavit stating the measures that could be taken to prevent such unauthorized entry of persons within 10 days.

Certain persons had allegedly trespassed into the sacred 'Kalthara' of Ponnambalamedu, and performed pooja in the protected area. The issue came to light after a video of the same surfaced online. The Court had initiated a suo motu case in the matter, and took action on the report of Sabarimala special commissioner.

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

Case Title: Kulathoor Jaisingh v. XXX & Ors

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminate the pregnancy.

The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading himself as one of the respondents in the matter, as well as for the issuance of appropriate orders in the case.

As per the Single Judge, continuation of pregnancy would have social and medical complications, since the child was conceived from the mother's own sibling.

Elephants Should Get Required Rest: Kerala High Court Directs State To Produce Plan For Deployment Of Elephants During Festive Season

Case Title: Society for Elephant Welfare v. State of Kerala & Ors.

The Kerala High Court has directed the Government to place on record a mechanism supported by a statutory scheme for the practical and convenient deployment of elephants during festive season.

The Division Bench comprising Acting Chief Justice S.V. Bhatti and Justice Basant Balaji through the issuance of the aforementioned direction, has sought the calendar for each elephant to be used by the temple or organization to be provided therewith, so that the elephant gets the required rest and recuperation between one festivity and another.

The Bench issued the above direction in a plea filed by Society for Elephant Welfare, seeking the issuance of directions for mandatory provisions for the construction of temple tanks for being used by the captive elephants for bathing.