Kerala High Court Weekly Round-Up: August 5 - August 11, 2024

Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506

Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507

K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508

Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509

P. M. Kurian v Deepa Mohanan and Others, 2024 LiveLaw (Ker) 510

XXX v State of Kerala, 2024 LiveLaw (Ker) 511

Joel Joji v State of Kerala, 2024 LiveLaw (Ker) 512

Chandra Babu v Vidya Pushpan and Others, 2024 LiveLaw (Ker) 513

Union of India v Colonel Shashi Thomas, 2024 LiveLaw (Ker) 514

State of Kerala v Anil Kumar @ Jacky and Others, 2024 LiveLaw (Ker) 515

Salim and Others v State of Kerala and Others, 2024 LiveLaw (Ker) 516

C. Shukkur v The State of Kerala, 2024 LiveLaw (Ker) 517

XXX v State of Kerala, 2024 LiveLaw (Ker) 518

Suhail M A v State of Kerala, 2024 LiveLaw (Ker) 519

The Managing Director, Quatro Investments v Joy Mathew, 2024 LiveLaw (Ker) 520

Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman Versus State Of Kerala, 2024 LiveLaw (Ker) 521

Global Distributors Versus The Assistant Commissioner, 2024 LiveLaw (Ker) 522

Judgments/ Orders This Week

Shifting Bio Toilets From Sabarimala To Relief Camps In Wayanad Not Feasible Due To Large Number Of Expected Pilgrims: Kerala High Court

Case Title: Suo Moto v State of Kerala

Citation: 2024 LiveLaw (Ker) 506

The Kerala High Court has stated that it will not be feasible to direct the Travancore Devaswom Board to shift 15 bio toilet units kept at Sabarimala to relief camps at Wayanad due to the anticipated large number of pilgrims for Chingamasapooja from August 16, 2024.

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

Case Title: Bar Council of Kerala and Others v Unnikrishnan H. and Others

Citation: 2024 LiveLaw (Ker) 507

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it.

Complainant Being Social Worker Should Have Complained Against Sexual Assault Without Much Delay: Kerala HC Stays Proceedings In Rape Case

Case Title: K. S. Sivarajan v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 508

The Kerala High Court has allowed a plea to quash the final report and stay further proceedings in a case of rape. The Court observed that the complainant being a social worker ought to have raised a complaint against the alleged sexual assault without much delay. Reportedly, there was a delay of three and a half months in filing the F.I.R.

Writ Court Has Jurisdiction Over Non-Statutory Contractual Dispute If State Acts Arbitrarily: Kerala High Court

Case Title: Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd

Citation: 2024 LiveLaw (Ker) 509

The Kerala High Court has held that the Writ Court does not always lack jurisdiction to address disputes involving a 'State' entity under Article 12 when it enters into a purely contractual relationship with a private party.

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel

Case Title: P. M. Kurian v Deepa Mohanan and Others

Citation: 2024 LiveLaw (Ker) 510

The Kerala High Court has imposed an exemplary cost of Rs. 1 Lakh on an advocate who filed a 'frivolous' contempt petition against a judicial officer. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant.

Whether Consent Was Obtained Based On Mistake Of Fact On Promise Of Marriage To Be Determined At Trial: Kerala HC Declines To Quash Rape Case

Case Title: XXX v State of Kerala

Citation: 2024 LiveLaw (Ker) 511

The Kerala High Court held that when prosecution allegations make out prime facie case, then whether a sexual relationship took place after obtaining consent on the misconception of fact on the promise of marriage has to be decided during evidence.

Criminal Antecedents Of Accused Not Bar To Compound An Offence, Which Is Otherwise Compoundable: Kerala High Court

Case Title: Joel Joji v State of Kerala

Citation: 2024 LiveLaw (Ker) 512

The Kerala High Court has held that the criminal antecedents of the accused would not stand in the way of compounding an offence that is otherwise compoundable under the Indian Penal Code.

DV Act | Couple Cohabiting During Subsistence Of Previous Marriage Do Not Share Domestic Relationship In Nature Of Marriage: Kerala High Court

Case Title: Chandra Babu v Vidya Pushpan and Others

Citation: 2024 LiveLaw (Ker) 513

Kerala High Court held that a couple who did a marriage ceremony when their previous marriages were subsisting and lived together for a considerable period of time cannot be said to have a 'relationship in the nature of marriage' as mentioned in the definition of 'domestic relation' in Section 2(f) of Protection of Women From Domestic Violence Act (PWDV Act).

War Injury Pension/ Disability Pension Is 'Right' Of Eligible Military Personnel, Not Bounty: Kerala High Court

Case Title: Union of India v Colonel Shashi Thomas

Citation: 2024 LiveLaw (Ker) 514

The Kerala High Court has held that war injury pension and disability pension claims are not a bounty but a right available to eligible military personnel. The Court held that provisions of Pension Regulations for military personnel must receive beneficial interpretation.

Jet Santhosh Murder Case: Kerala High Court Acquits 7 Including Two Death Row Convicts, Says Approver's Evidence Not Reliable

Case Title: State of Kerala v Anil Kumar @ Jacky and Others

Citation: 2024 LiveLaw (Ker) 515

The Kerala High Court has acquitted 7 convicts in the murder of gangster Santhosh, also known as Jet Santhosh. Two of the convicts were sentenced to death and others were sentenced to life imprisonment by the Additional Sessions Judge – I, Trivandrum.

The Division Bench of Justice A. K. Jayasankaran and Justice Syam Kumar V. passed the order after finding the approver, on whom the prosecution case was heavily based, was not reliable.

Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court

Case Title: Salim and Others v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 516

The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.

Kerala High Court Pulls Up Lawyer For Seeking 'Cheap Publicity' By Filing Meritless PIL Alleging Misuse Of Wayanad Landslide Relief Funds

Case Title: C. Shukkur v The State of Kerala

Citation: 2024 LiveLaw (Ker) 517

The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the intended beneficiaries.

Kerala High Court Orders Counselling For Cousins Falsely Accused In POCSO Case, Calls State To Implement Guidelines To Prevent Misuse

Case Title: XXX v State of Kerala

Citation: 2024 LiveLaw (Ker) 518

The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.

Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court

Case Title: Suhail M A v State of Kerala

Citation: 2024 LiveLaw (Ker) 519

The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.

Absence Of Proof In Employee's Engagement In Dual Employment, Kerala HC Directs Employer To Pay Salary

Case Title: The Managing Director, Quatro Investments v Joy Mathew

Citation: 2024 LiveLaw (Ker) 520

A single judge bench of the Kerala High Court, comprising Justice N. Nagaresh, while deciding a petition, held that an employee is entitled to arrears of salary because the employer could not produce enough evidence to prove that employee was engaged in dual employment.

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Case Title: Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman Versus State Of Kerala

Citation: 2024 LiveLaw (Ker) 521

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.

The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has granted the liberty to the appellant to prefer a statutory revision before the District Collector against the order, by which the First Appellate Authority affirmed the assessment order of the Tahsildar, assessing the buildings belonging to the appellant to building tax.

Uploading Assessment Orders After GST Registration Cancellation, Petitioner Failed To Check Website, Kerala High Court Grants Opportunity To Challenge On Deposit

Case Title: Global Distributors Versus The Assistant Commissioner

Citation: 2024 LiveLaw (Ker) 522

The petitioner/assessee has challenged the orders of assessment and summary of orders for the years July 2017 and August 2017 under the CGST/SGST Acts. The registration of the petitioner had been cancelled on 12.12.2021 with effect from 30.11.2019, and the petitioner was therefore unaware of the orders passed and did not get an opportunity to file returns.

The orders were uploaded on the portal, which had not been accessed by the petitioner since the registration had been cancelled and the petitioner was no longer continuing with the business.

The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.

Other Important Developments This Week

Bail U/S 45(1) PMLA Can Be Given To Sick Or Infirm: Kerala High Court Grants Interim Bail To Former KPCC General Secretary

Case Title: K. K. Abraham v Asst. Director, Directorate of Enforcement

Case No: Bail Application 3610/ 2024

The Kerala High Court has granted bail to K. K. Abraham, former general secretary of the Kerala Pradesh Congress Committee (KPCC). Justice C. S. Dias passed the order after considering the health issues of the accused. The Court has not passed any final orders on the bail application.

No Public Interest In Disclosing Justice Hema Commission Report On Problems Faced By Women In Malayalam Film Industry: Kerala HC Told

Case Name: Sajimon Parayil v State of Kerala and Others

Case Number: WP(C) 26497/ 2024

Malayalam film producer, Sajimon Parayil submitted before the Kerala High Court that there is no public interest involved in disclosing the contents of the Justice Hema Commission Report.

Gender Issues In Malayalam Film Industry: High Court Reserves Judgment In Plea Challenging Publication Of Justice Hema Commission Report

Case Name: Sajimon Parayil v State of Kerala and Others

Case Number: WP(C) 26497/ 2024

The Kerala High Court has reserved its judgment in the plea challenging the publication of the contents of Justice Hema Commission Report. Justice V G Arun reserved the judgment for August 13, 2024 (Tuesday).

Water Logging Near National Highways: Kerala HC Flags Lack Of Coordination Among Stakeholders, Calls For Consultation Between State, NHAI

Case Title: The Varappuzha Grama Panchayath v The National Highway Authority Of India

Case Number: WP(C) NO. 16539 OF 2024

The Kerala High Court observed that there must be consultation between the State Government and the National Highways Authority to find out a concrete solution to prevent water logging on the sides of National Highways, leading to hardships faced by those living near these highways which lacked a proper drainage mechanism.

Kerala High Court Dismisses Election Petition Filed By KPM Mustafa Against MLA Najeeb Kanthapuram

Case Title: K. P .Mohammed Musthafa v Najeeb Kanthapuram & others

Case No: El. Pet. 4/ 2021

Kerala High Court today dismissed the election petition filed by KP Mohammed Mustafa, the Left Democratic Front (LDF) candidate in 2021 Kerala Legislative Assembly Election from Perinthalmanna constituency.

Wayanad Landslides: Kerala High Court Initiates Suo Moto Case To Prevent And Manage Natural Disasters

Case Title: The Secretary v O D Thomas

Case Number: WA NO. 664 OF 2024

The Kerala High Court on the direction of Acting Chief Justice A. Muhammad Mustaque and in response to requests submitted to the Registry, has registered a suo moto case to prevent and manage natural disasters in Kerala.

The Court has listed the suo moto proceedings along with the writ appeals and connected cases concerning quarrying and construction activities in Wayanad District.

Wayanad Landslides: Plea In Kerala High Court Seeks Disaster Relief Fund Management And Oversight Of House Construction For Victims

Case Title: C. Shukkur V The State Of Kerala

Case Number: WP(C) 28487/ 2024

The Kerala High Court will be considering a writ petition moved by a lawyer seeking measures from the State Government, Director General of Police, Wayanad District Collector to come up with a centralized mechanism for collection and management of disaster relief funds intended for assisting landslide victims in Wayanad.

Kerala High Court Stops Construction In Hilly Terrain With Steep Slopes

Case Title: S. Unnikrishnan v State of Kerala and Others

Case No: WP(C) 27562 of 2024

Kerala High Court has ordered interim stay on any construction in hilly terrain with steep slopes.The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said there is no clarity in the rule allowing such construction. The order was passed keeping in mind the ecological imbalances created by such construction.

Wayanad Landslide: Kerala High Court Appoints Amicus, Calls For 'Holistic Approach' To Avoid Natural Disasters

Case Title: Suo Moto v State of Kerala

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

The Kerala High Court has appointed Senior Advocate Ranjith Thampan as Amicus Curiae to assist it in the suo moto case, initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. noted that while there are numerous legislations and authorities involved, there must be effective coordination among them. It emphasized the need for a 'holistic approach' to prevent and manage natural disasters in the State.