Kerala High Court Weekly Round-Up: February 12 - February 18, 2024

Sanitha Saji v. Salimkumar, 2024 LiveLaw (Ker) 106

Chandini CK v. The State of Kerala and ors., 2024 LiveLaw (Ker) 107

In Re Bruno v Union of India,  2024 LiveLaw (Ker) 108

Padma Conductors Pvt Ltd. v MIRC Electronics, 2024 LiveLaw (Ker) 109 Maheswari S & ors v. State of Kerala & ors.,2024 LiveLaw (Ker) 110

Meena v Joint Regional Transport Officer, 2024 LiveLaw (Ker) 111

V K Sankarankutty v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 112

Romeo Victor & anr. v. Cheranaloor Grama Panchayath & ors., 2024 LiveLaw (Ker) 113

Kumarthupady Shri Bhagavathy Temple v State of Kerala, 2024 LiveLaw (Ker) 114

Sreedevi M v State Of Kerala ,2024 LiveLaw (Ker) 115

Teresa Mary George v State of Kerala, 2024 LiveLaw (Ker) 116

PM Gopi v. Union of India and ors., 2024 LiveLaw (Ker) 117

Noel Joseph v State of Kerala, 2024 LiveLaw (Ker) 118

Soby George v. State of Kerala & ors., 2024 LiveLaw (Ker) 119

Judgments/Orders This Week

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court

Case Title: Sanitha Saji v. Salimkumar

Citation: 2024 LiveLaw (Ker) 106

The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition.

"Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the party or the person who filed the Election Petition is influenced by the elected person and he was able to withdraw the defection petition, the Election Commission is not helpless in such situation," Justice PV Kunhikrishnan observed.

Kerala High Court Denies Plea For Non-Creamy Layer OBC Certificate, Says Engagement In Hereditary Occupation Needed For Certification

Case Title: Chandini CK v. The State of Kerala and ors.

Citation: 2024 LiveLaw (Ker) 107

The Kerala High Court rejected a plea for 'non-creamy layer' certification on the ground that the petitioner wouldn't qualify for the categorization as it only applies to individuals engaged in their hereditary occupation.

A single judge bench of Justice Devan Ramachandran was hearing a matter where the petitioner was denied a non-creamy layer certificate by the Tahsildar and Sub-Collector.

Wild Animals Strike Human Settlements Irrespective Of State-Borders: Kerala High Court Calls For Cooperation With Karnataka And TN Govts

Case Name: In Re Bruno v Union of India

Citation: 2024 LiveLaw (Ker) 108

The Kerala High Court has urged the State governments of Kerala, Karnataka and Tamil Nadu, which share forest covered borders, to act in tandem against the rising issue of man-animal conflict,

The bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P was dealing with a suo motu case on the issue when an incident was brought to its notice whereby a Wayanad resident was attacked within the precincts of his home, by an elephant apparently collared by forest authorities in Karnataka. It thus called for a "purposive co-operation" among the states to fulfil the constitutional guarantees afforded to the citizens, irrespective of where they reside.

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction

Case number: Padma Conductors Pvt Ltd. v MIRC Electronics

Citation: 2024 LiveLaw (Ker) 109

The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque.

The appellants approached the High Court with a criminal revision petition against the conviction in a cheque dishonor matter under Section 138 NI Act where the cheque was dishonoured for want of funds.

Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to discharge the initial burden cast upon the complainant to prove their case.

Kerala High Court Directs Thrissur Corporation To Pay Damages For Demolishing Licensed Bunk Shop Despite Interim Protection Order

Case Title: Maheswari S & ors v. State of Kerala & ors.

Citation: 2024 LiveLaw (Ker) 110

The Kerala High Court has ordered Thrissur Corporation to pay Rs. 50,000 damages to a woman whose deceased husband's licensed bunk shop was demolished despite interim protection orders passed by the Court.

A single judge bench of Justice A Muhamed Mustaque said it cannot overlook the "high handed action" of the authority but awarded only nominal damages considering that an alternative shop was subsequently allotted to the woman.

Pending Financial Liabilities, Non-Payment Of E-Challans Won't Prohibit Transfer Of Vehicle's Ownership To Wife After Husband's Death: Kerala HC

Case title: Meena v Joint Regional Transport Officer

Citation: 2024 LiveLaw (Ker) 111

The Kerala High Court has permitted the transfer of ownership of the vehicles to the successor wife after the death of her husband stating that pendency of financial liability due to the financier and non-payment of amounts due under the e-challans would not stand in the way of the ownership being transferred to the successor.

The Division Bench comprising Chief Justice A J Desai and Justice V G Arun observed thus: “We allow the appeal and set aside the orders passed by the authority as well as the learned Single Judge. The authority is hereby directed to transfer the ownership of the vehicles in the name of the present appellant, within a period of two weeks from today. Needless to say that the appellant, after getting the ownership changed, is bound to pay off the dues against the vehicles.”

[Kerala Apartment Ownership Act 1983] High-Level Committee Constituted To Recommend Modifications Based On Stakeholder Inputs: Govt Tells High Court

Case title: V K Sankarankutty v State of Kerala & Connected Cases

Citation: 2024 LiveLaw (Ker) 112

The Kerala High Court has been informed that interested persons can submit their versions, including suggestions in written form before the High-Level Committee constituted by the state government in connection with the Kerala Apartment Ownership Act, 1983.

Justice Devan Ramachandran stated that the Committee after deliberations shall submit a final report with their recommendations before the government within three months from February 22, 2024. It also stated that on receiving the recommendations, the government shall take a final decision on it without delay.

S.21 Registration Of Births & Deaths Act Doesn't Authorise Registrar To Compel Parents And Child To Undergo DNA Test: Kerala High Court

Case Title: Romeo Victor & anr. v. Cheranaloor Grama Panchayath & ors.

Citation: 2024 LiveLaw (Ker) 113

The Kerala High Court has made it clear that a Registrar's power to call for information regarding birth or death under Section 21 of the Registration of Births and Deaths Act, 1969 does not extend to order DNA test of a newborn and its parents.

Justice VG Arun criticised the Registrar of Cheranalloor Grama Panchayat for refusing to issue birth certificate to the female child born to the petitioners and asking them to prove their paternity by undergoing DNA tests.

Temple Annual Festival: Kerala HC Permits Use Of Loudspeaker For 1 Hour After 10PM Deadline Provided Voice Doesn't Travel Beyond Its Premises

Case title: Kumarthupady Shri Bhagavathy Temple v State of Kerala

Citation: 2024 LiveLaw (Ker) 114

The Kerala High Court has permitted a Temple in Alappuzha district to use the Public Address System till 11 PM, i.e. till one hour after the 10 pm deadline for use of loudspeakers, on the last two days of their annual festival.

The petitioner is the President of the Temple and had approached the Court seeking permission to use the Public Address System from 10 PM to 12 PM on main two last days of their annual festival.

Justice Devan Ramachandran said the permission is subject to temple authorities' undertaking that the sound decibels would be reduced to such a level that it would not go beyond the premises of the Temple.

Insurance Clauses Intending To Avoid Claims On Account Of Death Due To Self-Injury Or Disablement Under Influence Of Alcohol Not Arbitrary Or Capricious: Kerala HC

Case title: Sreedevi M v State Of Kerala

Citation: 2024 LiveLaw (Ker) 115

The Kerala High Court has stated that insurance clauses cannot be said to be arbitrary or capricious if they intend to avoid claims on account of self-injury or disablement on consumption of alcohol.

The petitioner is a widow who has approached the Court seeking insurance for the death of her husband by drowning after accidentally tripping into a well. She was denied insurance on the allegation that the husband was under the influence of alcohol at the time of death.

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Case title: Teresa Mary George v State of Kerala

Citation: 2024 LiveLaw (Ker) 116

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition.

The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the Constitution for fixation of survey marks on the boundaries of a property allegedly in dispute.

Kerala High Court Closes Plea Against Mammootty Movie 'Bramayugam' After Makers Agree To Change Lead Character's Name

Case Title: PM Gopi v. Union of India and ors.

Citation: 2024 LiveLaw (Ker) 117

The Kerala High Court today closed a petition which sought the revocation of the certification of the upcoming Mammootty starrer 'Bramayugam' on the ground of alleged defamatory portrayal of a real-life person.

Justice Devan Ramachandran heard the matter.

The plea was closed following the film makers' submission that the name of the lead character had been changed to address the petitioner's concerns. The counsel for the respondents submitted that they have applied to the Central Board of Film to change the name of the lead character to 'Kodumon Potty' from "Kunjumon Potty."

Kerala High Court Lays Down Guidelines For Investigation By Police Officers In Cognizable Offences Committed Beyond Territorial Jurisdiction Of Police Station

Case title: Noel Joseph v State of Kerala

Citation: 2024 LiveLaw (Ker) 118

The Kerala High Court has stated that there is no absolute prohibition for a police officer who recorded/registered an FIR to investigate/enquire into an offence committed beyond its territorial jurisdiction.

It held that a police officer, irrespective of their jurisdiction has the competence to record information regarding the commission of a cognizable offence. It stated that once an investigation is initiated, it cannot be called into question before the Court alleging a lack of jurisdiction.

[S.162 CrPC] Kerala HC Sets Aside Conviction Of Actor For Allegedly Supplying False Evidence To Police Over Musician Balabhaskar's Death

Case Title: Soby George v. State of Kerala & ors.

Citation: 2024 LiveLaw (Ker) 119

Case Number: Crl. Rev. Petition No. 854 of 2023

Actor Soby George has approached the Kerala High Court challenging his conviction under Section 193 IPC in a matter connected to the death of musician Balabhaskar.

A single judge bench of Justice P Somarajan allowed the plea, stating that “the embargo under Section 162 Cr.P.C. clearly reveals that a statement recorded cannot be used for any purpose at any enquiry or trial in respect of any offence except for the purpose of contradiction and to contradict any witness in the manner” The court emphasised that the main ingredient which would constitute the offence punishable under Section 193 IPC is the tendering or fabrication of false 'evidence' to be used in any stage of a judicial proceeding.

News Updates

[Masala Bonds Case] Kerala High Court Declines To Interfere With ED Summons Issued To KIIFB, Former Finance Minister Dr Thomas Issac

Case title: Kerala Infrastructure Investment Fund Board V Director, Thomas Issac v Deputy Director

Case number: WPC 1377/2024 & WPC 3719/2024

The Kerala High Court has refused to intervene in two pleas by Kerala Infrastructure Investment Fund Board (KIIFB) and by former Finance Minister Dr Thomas Issac challenging the summons issued to them by the Enforcement Directorate (ED) in relation to the masala bonds case.

Summons was also issued against Dr Issac to appear on February 13, 2024, for the production of documents and for oral submissions.

Justice Devan Ramachandran did not pass any formal orders against the issuance of summons and orally stated, “I am deciding it tomorrow, You can choose to go or not to go”.

Did You Seek Explanation From CMRL? First Show Your Bonafide: Kerala High Court To KSIDC On Plea Against SFIO Probe

Case title: Kerala State Industrial Development Corporation Ltd (KSIDC), Vs Union Of India, Shone George Vs Ministry Of Corporate Affairs

Case number: WP(C) 4896/ 2024, WP(C) 42092/ 2023

The Kerala State Industrial Development Corporation Ltd (KSIDC) has approached the Kerala High Court seeking to be removed from the investigation conducted by the Serious Fraud Investigation Office into Exalogic Solutions, an IT company owned by CM Pinarayi Vijayan's daughter, which is allegedly involved in CMRL bribery case.

Justice Devan Ramachandran orally stated that the KSIDC would be removed from the party array only if they prove their bonafides that they were not aware of the alleged illegal dealings made by CMRL.

“Depictions Of Black Magic Tarnish Family Reputation”: Plea In Kerala High Court Seeks Revocation Of License Of Mammootty's Film 'Brahmayugam'

Case Title: PM Gopi v. Union of India and ors.

Case Number: WP(C) No. 5371 of 2023

The Kerala High Court today heard a plea challenging the movie Brahmayugam, specifically the depiction of the lead character 'Kunjumon Potty. The petitioner is the head of Punjamon Illam, a traditional Brahmin household in Kerala.

It was stated that the petitioners family lineage, historically engaged in ritualistic practises documented in the book “Aithihymala.” The petitioner claimed that the portrayal of the main character in the film is negative and defamatory and would tarnish their family's reputation.

'They Should Be Controlled': Kerala High Court Observes Orally After Woman Sues Resort Over Burn Injuries Allegedly Sustained During Spa

Case title: A v The Assistant Commissioner Of Police & Others

Case number: WPC 2100/2024

A plea has been moved before the Kerala High Court by a 22-year-old girl who allegedly sustained burn injuries on her body from taking a steam bath as part of the Ayurveda spa package at the Kumarakom Heritage Resort, Kottayam district.

She alleges that she sustained burn injuries on her body and had to undergo plastic surgeries and skin grafting due to the criminal negligence committed by the Resort.

Justice Devan Ramachandran expressed his anguish at the condition of the petitioner and orally stated 'resorts and spa should be controlled'.

Advocate BA Aloor Moves Kerala High Court Seeking Anticipatory Bail After Sexual Harassment Allegations Made By Another Client

Case title: Biju Antony Aloor @ B.A. Aloor V State Of Kerala & Others

Case number: Bail Appl. 1165/2024

Advocate BA Aloor has approached the Kerala High Court seeking anticipatory bail in a complaint filed against him by a client alleging criminal intimidation and sexual harassment.

FIR has been lodged for offences under Sections 406 (criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), 294 (b) (obscene acts and songs), 506 (ii) (criminal intimidation) and 354A (sexual harassment and punishment for sexual harassment) of IPC at the Ernakulam Central Police Station.

[Masala Bonds Case] 'Cooperate With Summons Issued By ED Only For Once': Kerala High Court Tells KIIFB, Fmr Finance Minister Dr Thomas Isaac

Case title: Kerala Infrastructure Investment Fund Board V Director, Thomas Issac v Deputy Director

Case number: WPC 1377/2024 & WPC 3719/2024

The Kerala High Court today told the Kerala Infrastructure Investment Fund Board (KIIFB) and former Finance Minister Dr Thomas Isaac to cooperate with the summons issued by the Enforcement Directorate (ED) in connection with the masala bonds case.

Justice Devan Ramachandran orally stated that the investigation of the ED is only in its preliminary stage and suggested the parties abide by the summons only once which will be under the complete monitoring of the Court.

Refrain From Using Terms Like 'Lower Courts', 'Subordinate Courts' To Address Trial Courts: Kerala High Court

Chief Justice, A J Desai has directed the Registry of the Kerala High Court to notify to all the staff and members to refer to the records of the Trial Court as 'Trial Court Record' (TCR) instead of 'Lower Court Record' (LCR). The direction has also prohibited the usage of terms like 'Lower Courts' or 'Subordinate Courts' while referring to the Trial Courts or the Courts in the District Judiciary.

'Pressure Of Circumstances & Bad Behavior Will Not Go Hand In Hand': Kerala HC Warns Of Contempt Action Against Cop Who Used Abusive Vocatives

Case title: Mahesh v Anilkant & Connected Matters

Case number: Contempt Case(C) No. 869 OF 2023(S) In WP(C) 11880/2021 & Connected Matters

The Kerala High Court today warned that it will frame charges and initiate contempt proceedings against the cop who allegedly used prohibited abusive vocatives against an advocate at Alathur Police Station in Palakkad district. The Court had directed the SI and SHO of the police station to file their reply in the matter.

Will Clear Pension Arrears Of KSRTC Employees Within Two Weeks: State Govt Tells Kerala High Court

Case Title: K Asokakumar v. Sri Biju Prabhakar & anr.

Case Number: Contempt Case (C) No. 2368 of 2023

The State government has informed the Kerala High Court that pension arrears of retired Kerala State Road Transport Corp (KSRTC) employees would be paid within 2 weeks.

These submissions came in a contempt plea, against the State for refusing to clear the pension arrears of the KSRTC employees.

Kerala High Courts Stays Termination Of Divisional Warden For Allegedly Using Logo Of 'Civil Defense Service' Without Authority

Case title: Binu Mitran v Regional Fire Officer

Case number: WP(C) NO. 5689 OF 2024

The Kerala High Court has stayed an order terminating a Divisional Warden in Civil Defense Service (CDS) in the Ernakulam Division which was allegedly issued without an enquiry and following principles of natural justice.

Justice Basant Balaji has granted an interim stay against the (Ext P7). “ In the meanwhile, there shall be an interim stay of Exhibit P7 for a period of one month pertaining to the petitioner alone”, stated the Bench.