Kerala High Court Weekly Round-Up: December 16 To December 22, 2024

Dr. Thahiya Thasleem V S & Another v State of Kerala, 2024 LiveLaw (Ker) 802

A. K. Sreekumar v The Director and Others, 2024 LiveLaw (Ker) 803

Sebastian Paul v P. R. Ashokan and Others, 2024 LiveLaw (Ker) 804

Vijith V. C. and Others v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 805

Davy Varghese v The Deputy Director, 2024 LiveLaw (Ker) 806

Sunil N.S. @ Pulsar Suni v Station House Officer, 2024 LiveLaw (Ker) 807

Sadhoo Beedi Enterprises v The Controlling Authority and Another, 2024 LiveLaw (Ker) 808

Rollymol v State of Kerala, 2024 LiveLaw (Ker) 809

Asha Lawrence v State of Kerala and Others, 2024 LiveLaw (Ker) 810

Jamal v State of Kerala, 2024 LiveLaw (Ker) 811

Akhil Mohanan v State of Kerala, 2024 LiveLaw (Ker) 812

Abdul Muthalib T. and Another v State of Kerala and Others & Connected Cases, 2024 LiveLaw (Ker) 813

Aleema A V State Of Kerala, 2024 LiveLaw (Ker) 814

xxx v Chairperson, Child Welfare Committee, 2024 LiveLaw (Ker) 815

Omar Abdul Wahab @ Omar Lulu v State of Kerala, 2024 LiveLaw (Ker) 816

Nithin Gopi v State of Kerala, 2024 LiveLaw (Ker) 817

Arshad v State of Kerala and Another, 2024 LiveLaw (Ker) 818

Mrs. Suma Sunilkumar v State Medical Officer, 2024 LiveLaw (Ker) 819

Rejimon Padickapparambil Alex v. Union Of India, 2024 LiveLaw (Ker) 820

M/s Fortune Service v. Union Of India, 2024 LiveLaw (Ker) 821

N. Binoj v. Income Tax Officer, 2024 LiveLaw (Ker) 822

Judgments/ Orders This Week

In Public Interest: Kerala HC Upholds Mandatory Rotating Medical Internship By Foreign Students For Missing Classes Due To COVID/ Ukraine War

Case Title: Dr. Thahiya Thasleem V S & Another v State of Kerala

Citation: 2024 LiveLaw (Ker) 802

The Kerala High Court has upheld Kerala State Medical Commission's decision mandating two year Compulsory Rotating Medical Internship to foreign students who missed offline classes due to COVID-19 and war in Ukraine, observing that it was made in larger public interest.

Justice C S Dias while referring to Supreme Court's judgment in National Medical Commission v. Pooja Thandu Naresh and Ors. (2022) observed that the Kerala State Medical Commission is the appropriate authority for issuing regulations.

Members Of Charitable Society Running Private College Are "Public Servants": Kerala High Court

Case Title: A. K. Sreekumar v The Director and Others

Citation: 2024 LiveLaw (Ker) 803

The Kerala High Court held that the authority which can decide the grant of admission, collection of fees etc. of a private pharmacy college is a 'public servant' as defined under the Prevention of Corruption Act (PC Act). The Court was dealing with an issue regarding the collection of the capitation amount.

The Court noted that the admission and fixation of fees to the institution is governed by the provision of the Kerala Medical (Regulation and Control of Admission to Private Medical Institutions) Act, 2017. Justice K. Babu held that since the authorities are discharging a 'State function' under the obligation of existing laws, they are discharging a public duty and are public servants.

Kerala HC Quashes Case Against Former MP For Allegedly Comparing Lawyers To Street Dogs

Case Title: Sebastian Paul v P. R. Ashokan and Others

Citation: 2024 LiveLaw (Ker) 804

The Kerala High Court quashed the defamation case against former Ernakulam MP, advocate and lawyer, Sebastian Paul pending before the Taliparamba Magistrate Court for allegedly comparing the lawyer community with street dogs.

Justice G. Girish noted that even going by the complaint, it can be seen that he did not refer to the entire lawyer community. He only referred to the violent behaviour shown by certain group of lawyers. The Court emphasized that the former MP himself is a lawyer. The Court observed since it cannot be said that he insulted the entire lawyer community, the complainant cannot be considered as a person aggrieved by the statements.

Kerala High Court Grants Bail To 3 Booked For Vandalising Lawyer's Office, Appreciates Advocates' Association For Lending Support To Lawyer

Case Title: Vijith V. C. and Others v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 805

While granting bail to three men accused of entering an advocate's office and causing destruction of property, the Kerala High Court appreciated the participation of the Kerala High Court Advocates' Association noting that when a lawyer has a grievance the entire lawyer community and the association come together to lend its support.

Shenoy submitted before Justice P. V. Kunhikrishnan that if any criminal offence is committed against a lawyer or towards his office, that amounts to interfering the administration of justice.

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

Case Title: Davy Varghese v The Deputy Director

Citation: 2024 LiveLaw (Ker) 806

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.

A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the PMLA. 

Justice Bechu Kurian Thomas thus set aside the order of provisional attachment of properties purchased by the petitioners in 1997, 1999 and 1987 which is much prior to the commission of the crime in 2014. The Court also noted that the PMLA came into existence only in 2002.

[Actress Assault Case] Kerala High Court Rejects Pulsar Suni's Plea To Recall Two Expert Witnesses, Calls It 'Frivolous'

Case Title: Sunil N.S. @ Pulsar Suni v Station House Officer

Citation: 2024 LiveLaw (Ker) 807

The Kerala High Court on Monday dismissed the plea filed by Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case- for recalling two expert witnesses.

Justice C. Jayachandran observed that the Sessions case was of the year 2018 and trial commenced on January 2020. It noted that the application filed by Suni is frivolous for delaying the disposal of the case.

Gratuity Serves As Retirement Benefit Ensuring Immediate Financial Support, Cannot Be Paid In Installments: Kerala High Court

Case Title: Sadhoo Beedi Enterprises v The Controlling Authority and Another

Citation: 2024 LiveLaw (Ker) 808

The Kerala High Court bench of Justice Murali Purushothaman held that gratuity could not be paid in instalments as the purpose of gratuity is to serve as a retirement or terminal benefit ensuring immediate financial support to the employees or their dependents.

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

Case Title: Rollymol v State of Kerala

Citation: 2024 LiveLaw (Ker) 809

The Kerala High Court underscored the importance of conducting effective investigation by the police by scientific methods of investigation technology, by not just relying on traditional methods of collecting evidence for ensuring a robust and efficient investigation process.

In the facts of the case, the appellant-mother who was convicted under Section 302 of the IPC by the Additional Sessions Court for murder of her own 1 and half year old son. The appeal was filed on the grounds that the investigating officer failed to gather medical evidence or investigate the appellant's mental health issues.

The Division Bench of Justice Raja Vijayaraghavan V and Justice P. V. Balakrishnan while setting aside the sentence and conviction of the appellant stated that the investigating officer was duty bound to investigate her mental condition to determine whether she suffered from any unsoundness of mind or not. 

The Court stated that defective investigation could weaken the prosecution case, and hence stated that police must make use of advanced technology to navigate complex cases and to give justice to both the victim as well as the accused and to bring transparency to the investigation.

'Regretful Litigation' : Kerala High Court On Daughter Opposing Donation Of CPI(M) Leader's Body To Medical College

Case Title: Asha Lawrence v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 810

The Kerala High while dismissing the appeals filed by daughters of M. M. Lawrence against the decision of Single Judge allowing the donation of CPI(M) Veteran to Ernakulam Government Medical College observed that it is “preferable that quietus be reached in this case”. The Division Bench comprising of Chief Justice Nitin Jamdar and Justice S. Manu observed in the order that they consider the appeals to be “regretful litigation”.

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief

Case Title: Jamal v State of Kerala

Citation: 2024 LiveLaw (Ker) 811

The Kerala High Court quashed proceedings against a public servant for allegedly making "sarcastic comments" on a WhatsApp group concerning the Chief Minister's appeal to government officers to donate their one-month salary to a relief fund after the 2018 floods.

Justice G Girish found that the alleged comments were not intended to cause any injury to the beneficiaries of the flood relief scheme as it did not prevent other people from contributing their monthly salary as appealed to by the CM.

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Case Title: Akhil Mohanan v State of Kerala

Citation: 2024 LiveLaw (Ker) 812

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act.

Justice A. Badharudeen found that prime facie case was made out against the petitioner and declined to quash the criminal proceedings under the POCSO Act based on the girl's affidavit for settlement.

Kerala High Court Declares Recent Delimitation Exercise Invalid For Eight Municipalities, One Panchayat

Case Title: Abdul Muthalib T. and Another v State of Kerala and Others & Connected Cases

Citation: 2024 LiveLaw (Ker) 813

The Kerala High Court on Wednesday (18^th December) declared the delimitation exercise carried out in 2024 in Padne Grama Panchayat, Panoor Municipality, Mukkom Municipality, Koduvally Municipality, Payyoli Municipality, Sreekandapuram Municipality, Feroke Municipality, Pattambi Municipality and Mattannur Municipality as invalid. 

Justice Mohammed Nias C. P. observed that a delimitation exercise was already carried out in these local bodies based on the 2011 census.

'Goonda' Under Kerala Anti-Social Activities Act Includes Drug Offender, Need Not Show 'Activities Harmful To Public Order': High Court

Case Title: Aleema A V State Of Kerala

Citation: 2024 LiveLaw (Ker) 814

The Kerala High Court has held that if a person satisfies the definition of drug offender, then he would automatically come within the definition of goonda under Section 2 (j) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).

The Division Bench of Justice P. B. Suresh Kumar and Justice Jobin Sebastian stated that for a drug offender to be regarded as goonda, it was not essential to prove that he was engaged in an activity that was harmful for the maintenance of public order.

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Case Title: xxx v Chairperson, Child Welfare Committee

Citation: 2024 LiveLaw (Ker) 815

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court.

Justice C S Dias observed that shuttling child between two forums would cause inconvenience to the child and would affect its well-being.

Prima Facie Consensual Relationship: Kerala High Court Grants Bail To Film Director Omar Lulu In Rape Case

Case Title: Omar Abdul Wahab @ Omar Lulu v State of Kerala

Citation: 2024 LiveLaw (Ker) 816

Kerala High Court on Friday (20^th December) granted bail to Malayalam Movie director Omar Lulu in a rape case. Justice P. V. Kunhikrishnan observed that prima facie, the relationship between the director and the complainant seems to be a consensual one. However, the Court added that the investigating officer may continue investigation into the matter.

'Hospitals Temples Of Modern Society': Kerala HC Calls For Restrictions While Granting Bail For Criminal Trespass/ Vandalism In Hospitals

Case Title: Nithin Gopi v State of Kerala

Citation: 2024 LiveLaw (Ker) 817

The Kerala High Court has stated that restrictions have to be imposed while granting bail to persons who are alleged of committing offences under Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012 for criminally trespassing and causing destruction to hospital building or hospital materials.

The Court by relying upon decisions of the High Court in Hemanth Kumar and Others v. Sub Inspector of Police and Another (2011), Hemachandran M. T. @ Kamalesh and Others v. Sub Inspector of Police and Another (2011) observed that persons must be directed to deposit the value of the destroyed property or even more for getting bail under 2012 Act.

Justice P. V. Kunhikrishnan thus directed the petitioner to deposit an amount of rupees ten thousand, while allowing his bail application.

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

Case Title: Arshad v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 818

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. 

Referring to various Supreme Court judgments, Justice A. Badharudeen held that such a case cannot be settled before the filing of final report.

ESI | Medical Reimbursement Can't Be Denied Merely Because Insured Person Got Treated At Hospital Not Approved By Insurer: Kerala HC Reaffirms

Case Title: Mrs. Suma Sunilkumar v State Medical Officer

Citation: 2024 LiveLaw (Ker) 819

The Kerala High Court on Thursday (December 19) reiterated that medical reimbursement cannot be denied because an insured underwent treatment in a hospital not approved by the insurer.

The petitioner sought reimbursement from the Employees State Insurance Corporation (ESI), since her husband had to undergo an emergency liver transplantation in a non ESIC hospital. And, his claim for reimbursement was not being processed even after submission of emergency certificate. Justice C S Dias ordered for reimbursement

Mistake Committed By Assessee Was Inadvertent & Technical; No Wrongful Availment Of ITC: Kerala High Court Quashes Demand Order

Case Title: Rejimon Padickapparambil Alex v. Union Of India

Citation: 2024 LiveLaw (Ker) 820

The  Kerala High Court while quashing the demand order stated that there has been no wrong availment of credit, and that the only mistake committed by the assessee was an inadvertent and technical one, where he had omitted to mention the IGST figures separately in Form GSTR 3B.

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

Case Title: M/s Fortune Service v. Union Of India

Citation: 2024 LiveLaw (Ker) 821

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order.

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Case Title: N. Binoj v. Income Tax Officer

Citation: 2024 LiveLaw (Ker) 822

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal.

The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which is otherwise illegal and 'non-est'.”

Other Important Developments This Week

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road

Case Title: N Prakash v M V Govindan Master

Case Number: Con Case (C) No. 3252/2024

The Court is set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI(M) party's area conference in Vanchiyoor, by obstructing roads on December 05, 2024.

The Division bench of Justice Anil K.Narendran and Justice Muralee Krishna S was hearing the contempt petition filed against against CPI(M) State Secretary M V Govindan for leading the party area conference by allegedly blocking public roads.

Kerala High Court Deletes ECI As Party In Plea Challenging Minister Suresh Gopi's Election To Lok Sabha

Case Title: Binoy A. S. v Suresh Gopi

Case No: El.Pet. 1/ 2024

The Kerala High Court on Tuesday (December 17) recalled its earlier order allowing impleadment of Election Commission of India in a petition challenging the election of Minister of State for Petroleum and Natural Gas and BJP MP Suresh Gopi from the Thrissur constituency in the 2024 Lok Sabha Elections.

The election petition was filed by AIYF Thrissur District President, Binoy A. S. alleging that the actor had indulged in many corrupt practices as given under Section 123 of Representation of People Act during his election campaign time

Kerala High Court Asks Centre If It Can 'Free Up' State Of ₹180 Crore Arrears To Enable Utilisation Of SDRF Funds For Wayanad Rehabilitation

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases

The Kerala High Court today asked the Central government to consider relaxing SDRF/ NDRF norms so that State government is 'freed up' of ₹180 crore outstanding debt and can put the same for use in Wayanad rehabilitation works.

The observation was made by division bench of Justice A.K.Jayasankaran Nambiar and Justice Easwaran S, considering the pressing need for assistance in landslide-hit Wayanad.

Kerala High Court Orally Warns Of Action Against People Making 'Personal Attack' On Judge For Ordering Removal Of Unauthorised Flex Boards

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

Case No: WP(C) No. 22750/ 2018

While hearing a 2018 plea concerning installation of unauthorized boards/banners in public places, the Kerala High Court on Wednesday (December 18) orally warned of action against people who believe they can attack a Judge for passing orders in the matter.

During the hearing, Justice Devan Ramachandran orally observed that these people will be dealt with.

Kerala HC Extends Nodal Officer's Jurisdiction To Receive Complaints Of Victims From Film Industry Who Were Not Before Hema Committee

Case Title: Women In Cinema Collective v State of Kerala & Others & Connected Matters

Case Number: WPC 41327/2024 & Connected Matters

The Kerala High Court has extended the jurisdiction of the nodal officer to accept the grievances of harassment/abuse from persons in the film industry who were not before the Justice Hema Committee. 

The Court further ordered that the nodal officer on receipt of such complaints of harassment/abuse can forward it to the Special Investigation Team (SIT) for further investigation.

Previously, the Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha had directed the Special Investigation Team, probing offences relating to Justice Hema Committee Report, to nominate a nodal officer to prevent alleged intimidation and threatening of witnesses by the accused or other persons.

Kerala High Court Directs State To Constitute Teams For Carrying Out Census Of Captive Elephants, Identifying Their Custodians

Case Title: In Re Captive Elephants v Union of India Connected Cases

Case Number: WP(C) 31520/2024 & Connected Cases

The Kerala High Court today directed the State Government to constitute a team for conducting a census of captive Elephants in the State. 

The Court stated that the census shall be carried district wise, and the team shall consist of District Collector and Divisional Forest Officer (Social Forestry) from each district. The Court further directed the Chief Wildlife Warden to collect the data and submit a consolidated report before the Court about each captive Elephant in the State

The Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Gopinath P. was considering a batch of writ petitions for prohibition of cruelty against captive elephants in Kerala.

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal

Case Title: State of Kerala v XXX

Case No: Crl. A. No. 3 of 2024

The Kerala High Court asked the sole accused, Arjun in the infamous Vandiperiyar rape and murder case to appear before the Special Court for the Trial of Offences Under the Protection of Children from Sexual Offences Act in Kattappana.

The State had preferred an appeal against the order of the trial court. In that case, Arjun had sought time to file counter to assure that he is not intending to travel abroad. The case was posted on 12^th December. On 12^th, the counsel for the accused sought further time and the case was posted on 17^th. When the case was taken up on 17^th December (Tuesday), the counsel informed the Court that he has got instructions from Arjun to not appear on his behalf and that the accused was making alternate arrangements.

The Division Bench of Justice P. B. Suresh Kumar and Justice Jobin Sebastian observed that the accused had not made any alternate arrangements for appearance before the Court. On this observation, the Court asked Arjun to appear before Kattappana Pocso Court and execute a bond of Rs. 50,000 with 2 solvent securities within 10 days.

Mother Of SFI Leader Abhimanyu Who Was Stabbed To Death In 2018 Over Campus Political Rivalry Moves Kerala High Court Citing Delay In Trial

Case Title: Bhoopathi v State of Kerala

Case Number: OP(Crl.) 920/2024

A petition has been filed before the Kerala High Court by the mother of Abhimanyu, the deceased SFI leader who was murdered in 2018 during a campus political rivalry at Maharajas College, Ernakulam.

The mother has approached the Court stating despite the passage of six years, charges have not been framed against 15 accused persons and the case is still in the preliminary hearing stage with no chances of the trial commencing anytime soon.

Justice Kauser Edappagath has sought a report from the Principal Sessions Court, Ernakulam.

Kerala HC Exempts Personal Appearance Of BJP's K Surendran Before Magistrate In Defamation Case For Allegedly Calling The Complainant A Thief

Case Title: K. Surendran v State of Kerala and Another

Case No: Crl.MC 10925/ 2024

The Kerala High Court in an interim order on Friday (December 20) granted exemption from personal appearance to BJP Kerala State President K. Surendran in a defamation case filed by T. G. N. Kumar (T. G. Nandakumar) before the Ernakulam Magistrate Court claiming that the BJP leader called him (Kumar) a thief.

During the hearing today, Justice V. G. Arun noted that the High Court had on Thursday (December 19) passed an interim order exempting Anil Antony's personal appearance in this case. In view of that order, Justice Arun passed an order giving the same interim protection of K. Surendran.

BJP Candidate Moves Kerala High Court Challenging Election Of Priyanka Gandhi From Wayanad Constituency

Navya Haridas, who stood in the recent Parliamentary by-elections conducted in Wayanad constituency on November 23 had filed a petition against the winning candidate Priyanka Gandhi. Priyanka Gandhi had won the election with a margin of over 4 Lakh over the CPI candidate, Sathyan Mokeri. Navya Haridas came a distant third.

Navya Haridas alleges that the Ms. Gandhi suppressed vital information relating to the assets held by her and her family members and cases against her while filing the nomination papers.