Kerala High Court Weekly Round-Up: October 7 – October 13, 2024

Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617

Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618

Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619

Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620

Navas P K v State of Kerala, 2024 Live Law (Ker) 621

Kerala Public Service Commission v Johnraj P & Others, 2024 LiveLaw (Ker) 622

Fr. Jose Mathai Myladath v State of Kerala, 2024 LiveLaw (Ker) 623

M/s R. K. Ventures v The District Superintendent of Police and Others, 2024 LiveLaw (Ker) 624

Anson I. J. and Others v State of Kerala and Others, 2024 LiveLaw (Ker) 625

Mrs. Fareeda Sukha Rafiq v Union of India, 2024 LiveLaw (Ker) 626

M/s. T. P. Metals & Roofings v Assistant Tax Officer and Others, 2024 LiveLaw (Ker) 627

Thottungal Padmanabha Das Sujith v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, Assistant, 2024 LiveLaw (Ker) 628

Dr P K Baby v State of Kerala, 2024 LiveLaw (Ker) 629

Adv Dheeraj Ravi v State Police Chief, 2024 LiveLaw (Ker) 630

Smt. Celin Thomas v. The Income Tax Officer, 2024 LiveLaw (Ker) 631

Ayyappan Pillai v. The State Tax Officer, 2024 LiveLaw (Ker) 632

P.K. Jayan Vs State Of Kerala, 2024 LiveLaw (Ker) 633

Judgments/ Orders This Week

Kerala High Court Criticizes Magistrate For Taking Cognizance Against Unauthorised Use Of Elephant Under 'Non-Existing Provision'

Case Title: Shastra Sharman Namboothiripad and Others v State of Kerala

Citation: 2024 LiveLaw (Ker) 617

While hearing a matter on use of elephants in a festival without permission, the Kerala High Court said that taking cognizance of an offence is not a mechanical process but a "solemn function", adding that the court taking cognizance is not a rubber stamp of the investigating agency. A single judge bench of Justice P. V. Kunhikrishnan noted that this shows that the Magistrate "mechanically recorded the provisions" contained in the chargesheet without even verifying it.

"Leads To Unending Process": Kerala High Court Flags Attempts By Accused To Delay Trial In Cheque Dishonour Cases

Case Title: Santhosh K S v State of Kerala & Connected Cases

Citation: 2024 LiveLaw (Ker) 618

The Kerala High Court has cautioned against the delaying tactics used by the accused to prolong the proceedings under Section 138 of the Negotiable Instruments Act such as seeking forensic examination of the cheque and seeking expert opinions by summoning and examining private handwriting experts.

Failure To Mention That Person Seeking Anticipatory Bail Is Abroad At Time Of Making Application Is "Suppression Of Materials Fact": Kerala HC

Case Title: Suo Motu Proceedings Initiated by High Court v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 619

The Kerala High Court has held that a person apprehending arrest should mention whether he is in India or abroad, while filing an anticipatory bail plea. The direction was given by the Division Bench comprising Justice Anil K. Narendran and Justice P. G. Ajithkumar .

'Can't Impose One's Religious Belief On Another': Kerala High Court Refuses To Quash Case Against Man For Criticizing Muslim Girl's Handshake

Case Title: Abdul Noushad @ Noushad Ahsani v State of Kerala

Citation: 2024 LiveLaw (Ker) 620

The Kerala High Court has refused to quash proceedings initiated against a man under Section 153 of the IPC (giving provocation with intent to cause riot) and Section 119 (a) (punishment for atrocities against women) of the Kerala Police Act, who made allegations against a Muslim girl that she committed adultery and violated Shariat Law by shaking hands with the former Finance Minister of the State.

Justice P.V.Kunhikrishnan stated that the Constitution guarantees every citizen the right to follow religious practices in their own way and it is their personal choice. The Court stated that there are no compulsions in religion, especially in Islam. The Court further stated that one person cannot impose or compel another person to follow religious practices.

Kerala High Court Quashes Criminal Case Against State President Of Muslim Students Federation For 'Insulting Women'

Case Title: Navas P K v State of Kerala

Citation: 2024 Live Law (Ker) 621

The  Kerala High Court has quashed criminal proceedings against the Muslim Students Federation (MSF) State President, Navas P K for allegedly making derogatory remarks against former leaders of Haritha which is the girl's wing of the MSF.

Justice A. Badharudeen quashed the FIR, Final Report and further proceedings against Navas pending before the Judicial First Class Magistrate -IV of Kozhikode noting that the matter has been amicably settled between the parties.

Forest Driver Recruitment: Kerala HC Declines Fresh Test In Vehicle 'Suitable' For 6Ft. Tall Applicant, Says No Denial Of Employment Opportunity

Case Title: Kerala Public Service Commission v Johnraj P & Others

Citation: 2024 LiveLaw (Ker) 622

The Kerala High Court has set aside the order of the Administrative Tribunal directing the Kerala Public Service Commission to conduct a fresh driving test in a vehicle suitable for a 6 feet tall applicant, and to consider him in the selection process for the post of Forest Driver in the Forest Department.

The Division Bench of Justice A.Muhamed Mustaque And Justice Murali Purushothaman observed that there is no denial of opportunity since candidates with same height as that of the applicant cleared the driving test using the same vehicle.

Kerala HC Declines To Quash Case Against Priest Who Allegedly Engaged In Sexual Intercourse On Pretext Of Marriage By Offering To Leave Priesthood

Case Title: Fr. Jose Mathai Myladath v State of Kerala

Citation: 2024 LiveLaw (Ker) 623

The Kerala High Court had declined to quash proceedings against a priest who allegedly committed sexual intercourse with a lady by giving her promise to marriage, by making her believe that he would give up his priesthood.

Justice A. Badharudeen held that prime facie allegations are made out and proceedings cannot be closed against the accused. Additionally, the Court stated that filing a petition to quash the case and its subsequent withdrawal were no grounds to close the proceedings against the accused.

If Registered Persons In Headload Workers Scheme Applicable Area Have Desired Skills, Only They Can Load/Unload Delicate Articles: Kerala HC

Case Title: M/s R. K. Ventures v The District Superintendent of Police and Others

Citation: 2024 LiveLaw (Ker) 624

The Kerala High Court has recently held that if registered head load workers working in an area covered by the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, have the required skills and experience in handling delicate/sophisticated articles, then they are to be engaged for loading and unloading work. 

A single judge bench of Justice V. G. Arun came to this conclusion after adopting a "purposive interpretation" of the Kerala Headload Workers Act and Kerala Headload Workers (Regulation of Employment and Welfare) Scheme.

Referring To A Woman As Prostitute In Front Of Others Not Offence Of 'Insulting Modesty' U/S 509 IPC, May Be Another Offence: Kerala HC

Case Title: Anson I. J. and Others v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 625

The Kerala High Court has held that referring to a woman as prostitute in front of others is not insulting the modesty of woman as defined under Section 509 of Indian Penal Code (IPC).

Justice A. Badharudeen noted that to constitute an offence of violating the modesty of a woman, first part of Section 509 requires that any words uttered with the intention of insulting the modesty of woman should be made with the intention that it is heard by such a woman. The Court said that the alleged act would not come under this definition.

Kerala HC Frowns Upon 'Restrictive Interpretation' Of PPF Scheme By Combing Parent And Child's Account To Calculate Yearly Limit On Deposit

Case Title: Mrs. Fareeda Sukha Rafiq v Union of India

Citation: 2024 LiveLaw (Ker) 626

The Kerala High Court has observed that beneficial schemes like the Public Provident Fund (PPF) encourage adults or guardians to open accounts on behalf of minors. The Court thus stated that the PPF scheme cannot be restrictively interpreted and contributions from parents and children made into separate accounts should not be calculated collectively to determine the deposit limit. 

In this case, the petitioner approached the High Court seeking a direction to the Post Office to re-credit the amount which was forfeited from her and her children's account by clubbing the amounts combined in all three PPF accounts. The Post Office forfeited the amount stating that total deposit from the three accounts exceeded the statutory limits under the Public Provident Fund Scheme.

Justice Harisankar V Menon ordered the respondent post office to re-credit the amount forfeited from the accounts of the petitioners. 

S.129 CGST/SGST Act | Penalty Only For Violations With Intent To Evade Tax Or Repeated Violations; Not For Minor Discrepancies : Kerala High Court

Case Title: M/s. T. P. Metals & Roofings v Assistant Tax Officer and Others

Citation: 2024 LiveLaw (Ker) 627

The Kerala High Court held that tax/ penalty under Section 129(1)(a) or 129(1)(b) of the CGST/ SCGST can be imposed only for violations which may lead to evasion of tax or which was done with the intention to evade or in case of repeated violations. Justice P. Gopinath said that in cases of minor discrepancies, the authorities can impose penalties after considering Sections 122 and 126 of the Acts.

“Only Three Days Were Given To Assessee To Respond To Show Cause Notice”: Kerala High Court Sets Aside Reassessment Order

Case Title: Thottungal Padmanabha Das Sujith v. The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income Tax Officer, Assistant

Citation: 2024 LiveLaw (Ker) 628

The  Kerala High Court set aside an order in reassessment proceedings that was issued without providing the assessee an opportunity to respond to the show cause notice.

The Bench of Justice Gopinath P. observed that the show cause notice only gave the assessee three days' to respond

Physical Contact During Resistance Is Not 'Unwelcome, Explicit Sexual Overture': Kerala HC Quashes FIR Against Teacher U/S 354, 354A(1) IPC

Case Title: Dr P K Baby v State of Kerala

Citation: 2024 LiveLaw (Ker) 629

While quashing an FIR against a man booked under IPC Sections 354 and 354A(1) who allegedly had an altercation with a woman, the Kerala High Court observed that physical contact as part of resistance cannot be termed as an unwelcome and explicit sexual overtures.

A single judge bench of Justice A. Badharudeen observed that the petitioner was trying to implement restrictions to maintain discipline during the Youth Festival strictly and it cannot be held that he had any intent to outrage the modesty or sexually harass the de facto complainant.

Kerala High Court Orders Crime Branch Investigation Into Theft At Residence Of Former Kollam Bar Association President

Case Title: Adv Dheeraj Ravi v State Police Chief

Citation: 2024 LiveLaw (Ker) 630

The Kerala High Court has ordered a crime branch investigation into the theft conducted at the residence of the former President of the Bar Association of Kollam

Reassessment Proceedings Can't Be Initiated Against Deceased Assessee: Kerala High Court Directs Fresh Proceedings Against Legal Heir

Case Title: Smt. Celin Thomas v. The Income Tax Officer

Citation: 2024 LiveLaw (Ker) 631

Kerala High Court ruled that reassessment proceedings cannot be initiated against a deceased taxpayer (assessee). Justice Gopinath P. directed the competent authority to initiate fresh proceedings by issuance of notice under Section 148A(b) of the Income Tax Act, 1961 and concluding the proceedings against representative assessee (the petitioner) and to any other legal heir of late assessee.

Section 74 Of CGST Act Can Be Invoked If Assessee Fails To Report Actual Sales To Evade Tax: Kerala High Court

Case Title: Ayyappan Pillai v. The State Tax Officer

Citation: 2024 LiveLaw (Ker) 632

The  Kerala High Court stated that provisions of section 74 of CGST Act can be invoked if assessee fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that it is for the assessee to get his claim adjudicated by the statutory authorities under the CGST / SGST Acts.

Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court

Case Title: P.K. Jayan Vs State Of Kerala

Citation: 2024 LiveLaw (Ker) 633

A single Bench of Kerala High Court  comprising  Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher superannuation pension he sought.

Other Important Developments This Week

Poor Prisoners Jailed Despite Bail? Kerala High Court Seeks To Know Funds Available Under Centre's 'Support To Poor Prisoners' Scheme'

Case Title: Suo Moto v State of Kerala

Case Number: WP(CRL.) NO. 867 OF 2024

The Kerala High Court has sought a report from the State Government and prison authorities regarding the current status and amount available in the Zero Balance Subsidiary Account opened under the Support to Poor Prisoners' Scheme.

The Support to Poor Prisoners' scheme was launched by the Ministry of Home Affairs to provide aid to poor prisoners who were unable to secure bail or pay the fine imposed on them due to poor economic conditions.

Pottukuthal In Erumely Sree Dharma Shastha Temple: Kerala HC Directs Dewaswom Board To See That No Money Is Collected For Pottukuthal

Case Title: Manoj S. Nair and Another v Travancore Devaswom Board and Others

Case No: WP(C) 34716/ 2024

The Kerala High Court directed the Travancore Devaswom Board to ensure that no persons collect money from the devotees for applying Vibhoothi/ Sindoor or Chandanam in Sree Dharma Shastha Temple, Erumely. This direction was given as the Board submitted before the Court that 3 mirrors are placed in the nadapanthal and aanakottil of the temple during masapooja and mandalam-makaravilakku period where Vibhoothi/ Chandan/ Kumkum are placed. The devotees can apply it on themselves without any charge.

The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar made this order in a petition challenging the notice issued to invite tender from private agencies to manage pottukuthal.

Kerala High Court Calls For Case Diary In Plea Against Minister Saji Cherian, Booked For Allegedly Making Insulting Remarks Against Constitution

Case Title: Adv. M Baiju Noel v State of Kerala

Case Number: WP (Crl) 1042/2024

The Kerala High Court yesterday directed to produce the case diary regarding the investigation conducted into the allegations that Minister for Fisheries, Culture, and Youth Affairs Saji Cherian made insulting remarks against the Indian Constitution.

Justice Bechu Kurian Thomas passed the above order in a plea moved by a lawyer seeking a re-investigation by the CBI. The plea alleges that the Minister committed an offence punishable under Section 2 of the Prevention of Insults to National Honour Act of 1971. It is alleged that police filed a refer report to close the investigation without even conducting a proper and fair investigation

Unauthorised Hoardings Under Nose Of Govt In Capital City Trivandrum 'Distressing': Kerala High Court

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

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

The Kerala High Court has observed that unauthorized Boards/ Hoardings installed in violation of its orders, particularly in the capital city of Trivandrum, is a serious issue considering the Secretaries of the Government and other authorities are seated there.

The observation was made by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/ banners and public places. The Court had earlier ordered that fine of Rs. 5000 will be collected for every unauthorised board installed. The Court has been regularly monitoring the status in the Cochin City.

"We Need To Get Wayanad Back": Kerala High Court Seeks Centre's Response Over Non-Disbursal Of Relief Funds After Landslides

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 sought response from the Central government regarding disbursal of funds for disaster relief in Wayanad.

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. had previously noted that the National Disaster Management Response Fund and the Prime Minister's Relief Fund have not released any amounts for Disaster Relief to the State of Kerala, after the deadly Wayanad landslides.

'Media Too Has Right To Free Speech': Kerala HC Refuses To Gag Reporting On Wayanad Rehabilitation But Calls For "Responsible Journalistic Conduct"

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

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

After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.

Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to pass any gag order, it expressed hope that the media will exercise due care and caution to ensure that rehabilitation efforts are not hampered.

Kerala High Court Allows Travancore Devaswom Board To Continue Selection Process Of Melsanthies Of Sabarimala, Malikappuram Temples

Case Title: Suo Moto v State of Kerala

Case Number: SSCR NO. 67 OF 2024

The Kerala High Court on Friday granted permission to the Travancore Devaswom Commissioner to publish the select lists of candidates for drawing the lots on October 17 for selection of Melsanthies (Head Priests) for Sabarimala and Malikappuram Devaswoms for the year 2024-25.