Kerala High Court Weekly Round-Up: January 20 - January 26, 2025

Leena V. A. v The State of Kerala and Others, 2025 LiveLaw (Ker) 38

Abhijit George v Assistant Sub Inspector of Police, 2025 LiveLaw (Ker) 39

The New India Insurance Co. Ltd. v Fr. Mathew Paikada, 2025 LiveLaw (Ker) 40

M/S.Bhageeratha Engineering Ltd. V. State Of Kerala, 2025 LiveLaw (Ker) 41

Ammini v State of Kerala , 2025 LiveLaw (Ker) 42

Abdul Salam v State Of Kerala & Connected Matter, 2025 LiveLaw (Ker) 43

DIG K. Janardhanan v Union of India and Another, 2025 LiveLaw (Ker) 44

XX v Union of India and Others, 2025 LiveLaw (Ker) 45

Sakkir Husain v Binu Madhu, 2025 LiveLaw (Ker) 46

Cochin International Airport Ltd v. The Assistant Commissioner Of Income Tax, 2025 LiveLaw (Ker) 47

Manikandan N P v State of Kerala, 2025 LiveLaw (Ker) 48

B.G.Krishnamurthy v State of Kerala, 2025 LiveLaw (Ker) 49

James (Unsound Mind) v Sajeevan , 2025 LiveLaw (Ker) 50

Dr. T. Ambujakshi v State of Kerala , 2025 LiveLaw (Ker) 51

M/S. Mothers Agro Foods (P) Ltd. V. General Manager, District Industries Centre And Others, 2025 LiveLaw (Ker) 52

Haseena v Suhaib, 2025 LiveLaw (Ker) 53

Bindumol A T v Union of India, 2024 LiveLaw (Ker) 54

Judgments/ Orders This Week

Kerala Education Rules | Managers Of Aided Schools Have Duty To Appoint Protected Teachers Only If A List Is Already Sent To Him: High Court

Case Title: Leena V. A. v The State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 38

The Kerala High Court held that the managers of aided school have an obligation to appoint 'protected teachers' only when they are already provided with the list of 'protected teachers'

Justice K. Babu noted that unless the vacancy is filled the Manager will not be able to conduct the school in a proper manner. He observed that while the Manager has the obligation to appoint a protected teacher, the system should not be stretched so much as to deny the approval of the appointment of a qualified teacher, especially in a vacancy which arose out of retirement.

Kerala HC Accepts Police Officer's Testimony To Uphold Conviction For Forged Driving License, Says Public Usually Reluctant To Become Witness

Case Title: Abhijit George v Assistant Sub Inspector of Police

Citation: 2025 LiveLaw (Ker) 39

The Kerala High Court has observed that the public often shows reluctance to become witnesses, and stated that the testimony of police officers can be admissible, if they are found to be reliable and trustworthy.

A single judge bench of Justice M. B. Snehalatha further held testimony of police officer should not be viewed with distrust solely because he is a witness from the Department of Police.

Diocese Cannot Claim Insurance Over Death Of A Priest: Kerala High Court

Case Title: The New India Insurance Co. Ltd. v Fr. Mathew Paikada

Citation: 2025 LiveLaw (Ker) 40

Kerala High Court held that a “Diocese is not entitled to claim compensation for the death of a deceased priest.”

Justice C. Pratheep Kumar made this observation in an appeal filed by the insurance company against the grant of insurance money to the Diocese over the death of a priest from road accident. The deceased was travelling in a motor bike when he was hit by a lorry and succumbed to the injuries.

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

Case Title: M/S.Bhageeratha Engineering Ltd. V. State Of Kerala

Citation: 2025 Livelaw (Ker) 41

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have jurisdiction to decide the entire dispute and not a specific dispute.

Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates

Case Title: Ammini v State of Kerala 

Citation: 2025 LiveLaw (Ker) 42

The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.

Justice Gopinath P. relied upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010).

Merely Because 16-Yr-Old Sexual Abuse Survivor Smokes Not Ground To Say He Is Of Deviant Character: Kerala HC Upholds Conviction U/S 377 IPC

Case Title: Abdul Salam v State Of Kerala & Connected Matter

Citation: 2025 LiveLaw (Ker) 43

The Kerala High Court while dismissing the appeals of two men who were convicted and sentenced to three year imprisonment for committing an offence under Section 377 of IPC for sexually abusing a minor boy, observed that the victim's testimony cannot be termed as deviant or unreliable merely because he smoked.

Justice C S Sudha dismissed the men's appeals on finding that there is no reason to disbelieve the boy and only because the boy had admitted that he used to smoke, would not be a ground to conclude that he is of a deviant character. 

Kerala HC Dismisses Challenge Against Dismissal Of Coast Guard Officer Whose Vessel Allegedly Collided With Boat Causing Death Of 5 Fishermen

Case Title: DIG K. Janardhanan v Union of India and Another

Citation: 2025 LiveLaw (Ker) 44

The Kerala High Court dismissed the challenge against the dismissal of a Deputy Inspector General (DIG) of the Coast Guard after the vessel on which he was the Commanding Officer (Designate) collided with a fishing boat and caused the death of 5 fishermen and 1 fisherman missing.

Justice Harisankar V. Menon noted that there was no vessel stationed around the place when the accident occurred. Cort observed that this negates the petitioner's argument that the vessel was not involved in the accident. The post-mortem report of the 5 fishermen showed that the cause of death was head injury which they might have suffered during the collision. The Court said that the if the vessel had stopped and they carried out a search and rescue as provided under the Act, the death could have been prevented. As per, Section 14(2)(b) of the Coast Guard Act, it is the duty of coast man to provide protection to fisherman including assistance to them while in distress.

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

Case Title: XX v Union of India and Others

Citation: 2025 LiveLaw (Ker) 45

The Kerala High Court has dismissed the appeal filed by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police M J Sojan, who probed the case.

Refusing to interfere, the Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu observed that the Selection Committee of UPSC has the power to examine the aspect of integrity independently.

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court

Case Title: Sakkir Husain v Binu Madhu

Citation: 2025 LiveLaw (Ker) 46

The Kerala High Court has reiterated that it can exercise jurisdiction over the order of Compensation Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship, which is a jurisdictional fact to be established, for the Commissioner to exercise its jurisdiction.

Justice T. R. Ravi set aside the order of the Employees Compensation Commissioner on the finding that no employer-employee relationship was proved between the appellant and respondent. The Court reached the above conclusion by relying upon decisions in Fulmati Dhramdev Yadav & Anr. v. New India Assurance Co. Ltd. (2022), C. Manjamma & Anr. v. The Divisional Manager, New India Assurance Co. Ltd. (2022) and Golla Rajanna v. Divisional Manager & Anr. (2016).

[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HC

Case Title: Cochin International Airport Ltd v. The Assistant Commissioner Of Income Tax

Citation: 2025 LiveLaw (Ker) 47

The  Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the Income Tax Act, 1961.

The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “The role of the assessing officer under the Income Tax Act, 1961 is not only that of an adjudicator but also of an investigator and he cannot remain oblivious in the face of a claim without any enquiry.”

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

Case Title: Manikandan N P v State of Kerala 

Citation: 2025 LiveLaw (Ker) 48

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial.

Justice P.V.Kunhikrishnan ordered that Trial Courts must exercise clarity while considering bail applications for maintaining judicial discipline.

Geographical Restrictions On Prisoners Visiting Family Under Police Escort Doesn't Violate Fundamental Rights: Kerala HC

Case Title: B.G.Krishnamurthy v State of Kerala 

Citation: 2025 LiveLaw (Ker) 49

The Kerala High Court has held that the geographical restrictions on escort visits of prisoners to see their family–restricting it to within the state except in the case of death of near relatives, are based on practical considerations and do not violate prisoners' fundamental rights.

Justice Bechu Kurian Thomas observed that escort visits fall within the State's policy domain and would depend on the State's capacity to provide accompanying police officers, transportation, distance and financial resources.

[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court

Case Title: James (Unsound Mind) v Sajeevan 

Citation: 2025 LiveLaw (Ker) 50

The Kerala High Court has held that legal heirs are entitled to claim compensation for 'pain and suffering' endured by a deceased motor accident victim.

In doing so, Justice C Pratheep Kumarrelied on Section 2 of the Kerala Torts (Miscellaneous Provisions) Act of 1977 which provides that all causes of action on account of personal claim would survive to the legal heirs.

Mechanically Implicating Doctor U/S 21 POCSO Act For Not Reporting Crime Against Minor 'Absolute Injustice', Causes Mental Trauma: Kerala HC

Case Title: Dr. T. Ambujakshi v State of Kerala 

Citation: 2025 LiveLaw (Ker) 51

The Kerala High Court has asked the investigating officers to be extra cautious while implicating doctors as accused for failing to report commission of crime against minor under Section 19 read with read with Section 21 of the POCSO Act. 

The Court further stated that arraying doctors mechanically in criminal proceedings as accused is absolute injustice and causes mental trauma to doctors which would prevent them from discharging their duties.

Justice A. Badharudeen thus ordered that unwarranted implication of doctors in POCSO cases must be avoided unless there is deliberate intention or omission to report the commission of a crime.

Lands Allotted For Industrial Purpose Should Not Be Cancelled By Adopting Hyper-Technical Approach: Kerala High Court

Case Name: M/S. Mothers Agro Foods (P) Ltd. V. General Manager, District Industries Centre And Others

Citation: 2025 LiveLaw (Ker) 52

Recently, the Kerala High Court observed that the lands allotted by the State Government in the industrial area are to promote industrial growth and a hyper-technical approach should not be adopted to cancel the allotment. The Court was referring to the Kerala Allotment of Government Land in Development Areas on Hire Purchase For Industrial Purpose Rules, 1969.

The Bench of Chief Justice Nitin Jamdar and Justice S. Manu said that the focus should be on proper utilisation of the land allotted for industrial use. However, unutilised lands would defeat the purpose of industrial growth.

Muslim Wife Residing Separately From Husband On His Contracting Second Marriage Can Claim Maintenance Under CrPC /BNSS: Kerala High Court

Case Title: Haseena v Suhaib

Citation: 2025 LiveLaw (Ker) 53

The Kerala High Court has reiterated that a Muslim wife who is residing separately from her husband for contracting second marriage is not disentitled from claiming maintenance under the Criminal Procedure Code or Bharatiya Nagarik Suraksha Sanhita.

Justice Kauser Edappagath stated that even though Muslim law permits husband to contract second marriage during subsistence of first marriage, the husband is bound to treat both the wives equally.

Parliament In Its Wisdom Permits Only Limited Not Permanent Guardianship For Mentally Disabled Person Under PwD Act: Kerala HC

Case Title: Bindumol A T v Union of India

Citation: 2024 LiveLaw (Ker) 54

The Kerala High Court has observed that there is no provision under the Rights of Persons with Disabilities (RPwD) Act of 2016 for the appointment of a permanent guardian for a person with mental disability.

Justice C.S. Dias clarified that this is because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability, intended for a specific purpose or situation.

Other Important Developments This Week

High Court Orders Inquiry Into Credentials Of Litigant Who Challenged Thomas Isaac's Appointment As Kerala Knowledge Economy Mission Advisor

Case Title: Navas A. v State of Kerala

Case Number: WPC 45335/ 2024

The Kerala High Court on Monday (January 20) ordered the State Government to conduct an inquiry to ascertain the credentials of petitioner, Navas A, who has filed a public interest litigation challenging the appointment of former Finance Minister Dr Thomas Isaac as the advisor of Kerala Knowledge Economy Mission (KKEM).

A Division Bench of Chief Justice Nitin Jamdar and Justice S Manu has directed the counsel appearing on behalf of the State Government to examine the additional affidavit filed by the petitioner and submit a report.

'They Are Journalists': Kerala High Court Questions POCSO Case Against Reporter TV Editors, Grants Interim Anticipatory Bail

Case Title: Arun Kumar K. and Another v State of Kerala

Case No: BA 778/ 2025

The Kerala High Court on Monday (20th January) granted interim anticipatory bail to Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo is booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.

During the hearing Justice P. V. Kunhikrishnan orally enquired from the State why the case was registered.

Kerala High Court Stays Night Autopsy At Government Medical College Hospital Manjeri Over Infrastructure Concerns

Case Title: Dr T P Anand and Others v State of Kerala

Case Number: WPC 1186/2025

Justice C. S. Dias has passed an interim order halting the conduct of night autopsies at the Government Medical College Hospital at Manjeri in Malappuram district in a writ petition filed by doctors who raised concerns about insufficient staff and inadequate infrastructure.

Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars

Case Title: M. N. Jayachandran v Union of India

Case No: WP(C) 36422/ 2023

The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.

The Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Gopinath P. wondered whether such power can be given en masse to all the LSGIs head. The Court observed that under S. 11 of the Act, the power to kill wild animals can be given by the Chief Wild Life Warden to only certain person who possess certain qualification.

Kerala HC Judge Recuses From Hearing Plea By Waqf Protection Organization Against Inquiry Commission In Munambam Land Dispute

Case Title: Kerala Waqf Samrakshana Vedhi v State of Kerala and Others

Case No: WP(C) 2839/ 2025

Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the state, has approached the Kerala High Court challenging the state government's notification appointing a Commission of Inquiry into the Munambam land dispute case.

Justice C. S. Dias recused himself from hearing the plea today.

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Case Title: Anil K Emmanuel v State of Kerala and Others

Case No: WP(Crl.) 81/ 2025

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.

The proceedings related to the case are currently before the Nedumangad Judicial First-Class Magistrate Court, which had been restored by the Supreme Court in November last year.

Kerala High Court Suggests Vesting Single Authority With Charge To Maintain Cleanliness Of Periyar River

Case Title: Periyar Malineekarana Virudha Samithi v State Of Kerala & Connected Matters

Case Number: WP(C) 996/ 2012 & Connected Matters

The Kerala High Court today suggested that a single authority could be vested with the responsibility of maintaining the cleanliness of Periyar river and to ensure that the river runs pure.

The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha has directed the State government to come with a proposal by taking suggestions from the report placed before the Court by an expert committee which was constituted by it.

Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay

Case Title: Kerala Waqf Samrakshana Vedhi v State of Kerala and Others

Case No: WP(C) 2839/ 2025

The Kerala High Court today (24^th January) questioned the authority of the State-appointed Commission to inquire into the Munambam land dispute between the locals and the Waqf Board, when the property was declared to be a waqf in judicial proceedings.

Dealing with a petition filed by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state, Justice Bechu Kurian Thomas further asked the Government Pleader if such a Commission can arrive at a different conclusion than what is decided by the Court and “unsettle” the matter.

Kerala HC Warns Of Anarchy And Breach Of Discipline If Govt Servants Violate Govt Orders, Seeks Action On Installing Illegal Hoardings

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

Case No: WP(C) 22750/ 2018

The Kerala High Court on Friday (January 24) directed the state government to inform the Court as to what action it proposes to take against government servants who were responsible for allegedly installing an illegal and massive hoarding in front of the State Secretariat, despite prohibitory orders passed by it.

Justice Devan Ramachandran was informed that the illegal hoarding was requisitioned by Mr. Honey P (President of KSEA) who is an Additional Secretary to the Government and Mr Ajithkumar (Secretary of KSEA) who is an office assistant. The Court was informed that both of them are working in the general administration department.