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

State of Kerala v Adwaitha S & Connected Matters, 2024 LiveLaw (Ker) 588

Jayasoorya v State of Kerala, 2024 LiveLaw (Ker) 589

Asha Lawrence v State of Kerala & Others, 2024 LiveLaw (Ker) 590

Xxx v State of Kerala, 2024 LiveLaw (Ker) 591

Smt Anitha T v Kerala State Civil Supplies Corporation Limited, 2024 LiveLaw (Ker) 592

Rajesh Madhavan v Union of India and Connected Matters, 2024 LiveLaw (Ker) 593

Fr. Joseph Kuzhinjalil and Another v Visalakshi and Another, 2024 LiveLaw (Ker) 594

S T Sadiq v State of Kerala, 2024 LiveLaw (Ker) 595

Annamma Mathew v The Managing Committee of Mavelikara Taluk Co-operative Bank Ltd. and Others, 2024 LiveLaw (Ker) 596

Pramod v The Secretary, The Sultanpet Diocese Society and Another, 2024 LiveLaw (Ker) 597

Vinod v State of Kerala, 2024 LiveLaw (Ker) 598

Akhil Raj Alias Akhil Marar v State of Kerala, 2024 LiveLaw (Ker) 599

Suresh v State of Kerala, 2024 LiveLaw (Ker) 600

Shanid @ Shani v State of Kerala, 2024 LiveLaw (Ker) 601

Jyothish P v State of Kerala, 2024 LiveLaw (Ker) 602

Zara Michele Shilansky v State of Kerala, 2024 LiveLaw (Ker) 603

Sunil Mathew v The Station House Officer and Another, 2024 LiveLaw (Ker) 604

August Cinema (India) Pvt. Ltd. & ors. versus ITO & ors., 2024 LiveLaw (Ker) 605

Judgments/ Orders This Week

Effect Of Rights Of Persons With Disability Act Can't Be Taken Away By Conditions In Prospectus Of Educational Institute: Kerala High Court

Case Title: State of Kerala v Adwaitha S & Connected Matters

Citation: 2024 LiveLaw (Ker) 588

The Kerala High Court has recently observed that the "effect" of Rights of Persons with Disabilities Act (RPwD) 2016 which defines a person with physical disability and their certification cannot be taken away by certain conditions imposed in the prospectus of an educational institute. 

The court however said the State is not disempowered in adopting a uniform process for admissions to professional institutes, which can be done by stating that the State Medical Board will be the certifying authority constituted as per the prospectus. A proper notification would be required under Section 57, RPwD Act, the court said.

Offences Bailable, Kerala High Court Closes Anticipatory Bail Applications Moved By Actor Jayasoorya Accused Of Sexual Harassment

Case Title: Jayasoorya v State of Kerala

Citation: 2024 LiveLaw (Ker) 589

The Kerala High Court has closed the anticipatory bail applications moved by film actor Jayasoorya in connection with sexual abuse allegations made against him after publication of Justice Hema Committee Report. 

Justice C S Dias noted that the offences alleged against the actor are bailable offences and closed the bail applications.

CPI(M) Leader MM Lawrence's Body Donation: Kerala High Court Asks Medical College Principal To Consider Daughter's Objection

Case Title: Asha Lawrence v State of Kerala & Others

Citation: 2024 LiveLaw (Ker) 590

Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court aggrieved by the decision of her siblings and the CPI(M) to hand over her father's body to the Ernakulam Government Medical College hospital.

Justice V G Arun directed the Principal of Government Medical College, Kalamaserry, Ernakulam to consider the objections submitted by the petitioner before taking a decision.

Breaking | Kerala High Court Denies Anticipatory Bail To Actor Siddique In Rape Case

Case Title: Xxx v State of Kerala

Citation: 2024 LiveLaw (Ker) 591

Kerala High Court has dismissed the anticipatory bail application filed by actor Siddique, booked for rape following release of Justice K. Hema Committee Report. The order was pronounced by Justice C. S. Dias.

Govt Maintained Silence On Hema Committee Report For 5 Yrs, Allegations Came To Light Only After Court's Intervention: Kerala High Court

Govt Maintained Silence On Hema Committee Report For 5 Yrs, Allegations Came To Light Only After Court's Intervention: Kerala High Court

Case Title: xx v State of Kerala

Citation: 2024 LiveLaw (Ker) 591

The Kerala High Court today expressed regret over the Government maintaining silence on the Hema Committee Report, which disclosed allegations of widespread sexual harassment and other issues faced by women in Malayalam film industry, for five long years.

[Hindu Marriage Act] Children Born Out Of Void Marriage Also Have Right To Property Of Parents: Kerala High Court

Case Title: Smt Anitha T v Kerala State Civil Supplies Corporation Limited

Citation: 2024 LiveLaw (Ker) 592

The Kerala High Court recently granted terminal and pension benefits to three children born from a man's invalid second marriage, which he entered into without dissolution of the first marriage.

Justice Harisankar V. Menon relying upon the Apex Court decision in Revanasiddappa v. Mallikarjun (2023) and amended Section 16 of the Hindu Marriage Act (legitimacy of children of void and voidable marriages) observed that children born out of a void marriage will also have right to the property of parents.

'RDF Not Declared Unlawful Or Terrorist Organization Under UAPA' : Kerala High Court Acquits Five In Alleged Maoist Meeting Case

Case Title: Rajesh Madhavan v Union of India and Connected Matters

Citation: 2024 LiveLaw (Ker) 593

The Kerala High Court has acquitted five persons (A1- Rajesh Madhavan, A2-Gopal, A3-Devarajan, A4-Bahuleyan, A5-Ajayakumar @ Ajayan @ Mannoor Ajayan) who were convicted by the Special Court for NIA Cases, Ernakulam as accused in the Mavelikara Maoist case.

The Division Bench comprising Justice Raja Vijayaraghavan V and Justice G Girish held that the prosecution has failed to establish that RDF is a frontal organization of CPI (Maoist). The Court also stated that RDF is not declared as an unlawful organization or as a terrorist organization under the UAPA.

Managing Director Of Newspaper Has No Direct Role In Selecting News, Chief Editor/Editor Is Responsible: Kerala High Court In Defamation Case

Case Title: Fr. Joseph Kuzhinjalil and Another v Visalakshi and Another

Citation: 2024 LiveLaw (Ker) 594

Justice A. Badharudeen of Kerala High Court held that a managing director has no role in selecting the news item. The Court said these while quashing the further proceedings against the Managing Director of Rashtradeepika in a defamation case. The complainant filed this case saying that a news item published in the newspaper was defamatory against her. The Court, however, declined to quash further proceedings against the Chief Editor.

High Court Strikes Down Sections 3A & 6A Of Kerala Cashew Factories (Acquisition) Act As Unconstitutional And Arbitrary

Case Title: S T Sadiq v State of Kerala

Citation: 2024 LiveLaw (Ker) 595

The Kerala High Court has struck down Section 3A of the Kerala Cashew Factories (Acquisition) Act, 1974 amended by the Kerala Cashew Factories (Acquisition) Amendment Act, 2015 and Section 6A which was inserted by the 2015 Amendment as unconstitutional and arbitrary.

Justice Gopinath P passed the order by relying upon the Apex Court decision in S.T. Sadiq v. State of Kerala and others (2015) which had struck down Section 6 of the Act as unconstitutional.

Kerala High Court Directs Co-Op Bank To Release Gratuity And Provident Fund Of Employee Against Whom Surcharge Proceedings Were Pending

Case Title: Annamma Mathew v The Managing Committee of Mavelikara Taluk Co-operative Bank Ltd. and Others

Citation: 2024 LiveLaw (Ker) 596

The Kerala High Court directed the bank to pay gratuity and provident funds to the employee against whom surcharge proceedings under Section 68 of the Kerala Co-operative Societies Act (KCS Act).

Tenant Who Hasn't Paid Rent Can't Seek Protection From Eviction : Kerala High Court Issues Guidelines

Case Title: Pramod v The Secretary, The Sultanpet Diocese Society and Another

Citation: 2024 LiveLaw (Ker) 597

The Kerala High Court has held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.

Calling it a "disquieting litigative trend", Single bench of Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay the rent.

Trial Courts/ Tribunals Must Not Adjourn Cases Based On Oral Submission Of Parties That Matter Is Stayed: Kerala HC Issues Guidelines

Case Title: Vinod v State of Kerala 

Citation: 2024 LiveLaw (Ker) 598

The Kerala High Court has directed Trial Courts and Tribunals to not adjourn cases based solely on the oral submission of advocates or parties that the matter has been stayed by the High Court. 

Justice P. V. Kunhikrishnan noted that advocates/parties often claim that there is a stay order from the High Court to adjourn proceedings, when in fact, there is no stay order.

Offences Bailable, Kerala HC Closes Akhil Marar's Anticipatory Bail Plea In Case For Discouraging Contributions To CM Disaster Relief Fund

Case Title: Akhil Raj Alias Akhil Marar v State of Kerala

Citation: 2024 LiveLaw (Ker) 599

The Kerala High Court has closed the anticipatory bail petition filed by Malayalam film director Akhil Marar on the report of the Public Prosecutor that the offences alleged against him are bailable.

Kerala HC Cautions Parents Against Taking Tender Age Children To Protests For Grabbing Attention, 'Wilful Neglect' Will Attract Strict Action

Case Title: Suresh v State of Kerala

Citation: 2024 LiveLaw (Ker) 600

The Kerala High Court has cautioned parents against the rising "trend" of taking small, tender age children to protests and agitations, merely to grab the attention of authorities.

The bench of Justice P.V.Kunhikrishnan said such actions often expose the young lives to extreme temperatures, loud noises, crowds and conflicts- causing them emotional trauma, and therefore held that Police can take action against such parents in case of 'wilful neglect'.

Refusal Of Passport Not Arbitrary If Foreign Travel Not In Public Interest/ May Prejudice India's Friendly Relations: Kerala High Court

Case Title: Shanid @ Shani v State of Kerala

Citation: 2024 LiveLaw (Ker) 601

The Kerala High Court recently refused to interfere with a Special Court's decision to refuse a 32-year-old man accused of committing human and drug trafficking, permission to travel abroad, adding that the order stands the "test of constitutionality".

A single judge bench of Justice K Babu in its order observed, "The genuine apprehension that the presence of a citizen of India in a foreign country is not in the public interest and is likely to prejudice the friendly relations of India with any foreign country is a ground to refuse passport and related travel documents to him. Such a restriction is just and reasonable and not arbitrary or oppressive".

Kerala High Court Directs State To Complete Revalidation Of ₹20 Stamp Papers Within Three Weeks

Case Title: Jyothish P v State of Kerala 

Citation: 2024 LiveLaw (Ker) 602

The Kerala High Court has directed the State government to complete the revalidation process of stamp papers of rupees 20 denomination which are remaining unused in the Treasury within a period of three weeks.

Kerala High Court Quashes FIR U/S 153 IPC Against Jewish Australian Woman Who "Tore" Posters Creating Impression On Palestine-Israel War

Case Title: Zara Michele Shilansky v State of Kerala

Citation: 2024 LiveLaw (Ker) 603

The Kerala High Court recently quashed an FIR registered against an Australian woman of Jewish descent booked for provoking rioting under Section 153 IPC for allegedly tearing two posters in Fort Kochi, which had "apparently" created an impression in her mind about the ongoing Palestine-Israel war.

'Absence Of Free Press The Absence Of Democracy' : Kerala High Court Sets Aside Bail Condition Restricting Online Media From Airing A News

Case Title: Sunil Mathew v The Station House Officer and Another

Citation: 2024 LiveLaw (Ker) 604

The Kerala High Court lifted the bail condition imposed by the Sessions Judge on the Managing Editor of YouTube News Channel 'i21 News' to not air any news related to the death of Sri K. P. Yohannan, the former Supreme Head of Believers Eastern Church. He had filed a complaint before the State Police Chief saying that there was foul play behind the death of the Bishop. The Sessions Court has barred the media from airing any news on his death till the complaint before the State Police Chief is disposed off.

Entire TDS Along With Penal Interest Stands Paid By Taxpayer Upon Intimation By I-T Dept.: Kerala HC Quashes Proceedings U/s 276B Of Income Tax Act

Case Title: August Cinema (India) Pvt. Ltd. & ors. versus ITO & ors.

Citation: 2024 LiveLaw (Ker) 605

The  Kerala High Court held that taxpayer cannot be prosecuted u/s 276B of Income tax Act simply because of failure to deduct and pay TDS to the government, once the non-compliance was sorted out and the tax along with penalty was sufficiently deposited to the government, after being informed of the delinquency.

Other Important Developments This Week

Malayalam Film Director Akhil Marar Booked For Discouraging Contributions To CM Disaster Relief Fund Moves High Court For Anticipatory Bail

Case Title: Akhil Raj Alias Akhil Marar v State of Kerala

Case No: BA 6587/ 2024

The Kerala High Court has sought State's stand in the anticipatory bail plea filed by Malayalam film director Akhil Marar, booked for discouraging contributions to the Chief Minister's Disaster Relief Fund (CMDRF), through his statements following the Wayanad landslides in July.

Woman Who Made Allegations Against Actors After Release of Hema Committee Report Approaches Kerala HC Seeking Anticipatory Bail

Malayalam actress who named several actors alleging that they abused her has approached the High Court seeking anticipatory bail. She mentioned that there are news and allegations in mainstream media saying that she gave fake complaints against these actors. She submitted in her petition that she has not received any information of any crime being registered against her in any police station even after filing RTI application before the police authorities. She approached the court seeking anticipatory bail in case she is arrested in any unknown case.

[Actress Assault Case] Kerala High Court Reserves Order On Application Filed By Survivor Seeking To Quash Fact-Finding Inquiry Report

Case Title: XXX v. State of Kerala

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

The Kerala High Court has reserved for order the application filed by the survivor in the 2017 actress sexual assault, involving Malayalam actor Dileep.

Justice C S Dias reserved for order the application filed by the survivor to set aside or quash the fact-finding inquiry report dated January 08, 2024, submitted by the Ernakulam Sessions and District Judge. 

The writ petition filed by the survivor was disposed of by the High Court with a direction to conduct a fact-finding inquiry into the allegations that the memory card containing videos of the sexual assault had been accessed, copied and transferred unauthorizedly while it was in the custody of the Court.

Justice Nitin Madhukar Jamdar Sworn In As The Chief Justice Of Kerala High Court

Justice Nitin Madhukar Jamdar was sworn in as the Chief Justice of Kerala High Court today (September 26, 2024) at 10 am at Raj Bhavan, Thiruvananthapuram.

Kerala High Court Reserves Order On Woman's Plea Alleging Non-Registration Of FIR Over Alleged Rape By Police Officers

Case Title: XXX v State of Kerala

Case Number: WPC 33035/2024

The Kerala High Court has reserved its orders in a plea moved by a woman alleging failure to register FIR against four higher police officials in the Malappuram district in Kerala who raped and sexually assaulted her.

Justice A. Badharudeen condemned the act of not registering an FIR when there are allegations of cognizable offences like rape. It orally stated that the government and police officials are duty-bound to conduct a fair investigation against the accused persons based on the complaint of the woman.

District Judges Face Numerous Challenges, Need HC's Support; Advocates Also Have Expectations From System: Kerala High Court CJ Nitin Jamdar

While speaking at the Full Court reference held to welcome him, the newly appointed Kerala High Court Chief Justice Nitin Madhukar Jamdar drew attention to difficulties faced by State's district judiciary, advocates and the Registry.

Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers

Case Title: Suo Moto v State of Kerala and Others

Case No: WP(C) 7844/ 2023 

The Kerala High Court today asked the government about the possibility of conducting a campaign across the State for the collection of electronic waste.

The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the Local Self Government Department, T V Anupama to consider this and to submit a report before the Court.

CPI(M) Leader MM Lawrence's Body Donation: Daughter Moves Kerala High Court Challenging Decision Of Medical College Principal

Case Title: Asha Lawrence v State of Kerala & Others

Case Number: WP(C) 34174/2024

Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court again aggrieved by the order of the Principal of the Ernakulam Government Medical College hospital for rejecting her objections to conduct the funeral as per Christian rites and rituals.