Kerala High Court Weekly Round Up: April 4 To April 10, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 160 - 170]

Beksy A v. District Collector & Ors., 2022 LiveLaw (Ker) 160

Ramachandran @ Chandran v. State of Kerala & Anr,  2022 LiveLaw (Ker) 161

Saumya M.S. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 162

Anil Kumar A.B. v. State of Kerala & Ors., 2022 LiveLaw (Ker) 163

Liji A.S v. State of Kerala & Ors, 2022 LiveLaw (Ker) 164

Manju A.& Ors v. Kerala University of Health and Sciences & Ors., 2022 LiveLaw (Ker) 165

Dr. C.P. Abdul Kabeer v. Union Territory of Lakshadweep & Ors., 2022 LiveLaw (Ker) 166

M.S Paulose & Anr v. State of Kerala & Anr., 2022 LiveLaw (Ker) 167

M.S Paulose & Anr v. State of Kerala & Anr., 2022 LiveLaw (Ker) 168

Bibin K. B. & Ors. v. Union of India & Ors., 2022 LiveLaw (Ker) 169

Mathew Z Pulikunnel v Smt. Sophy Thomas & Anr., 2022 LiveLaw (Ker) 170

Judgments This Week

1. Marriage To Another Caste Not Relevant For Claiming Reservation Under Article 16(4) : Kerala High Court Reiterates

Case Title: Beksy A v. District Collector & Ors.

Citation: 2022 LiveLaw (Ker) 160

The Court recently reiterated that the marriage of an individual from one caste to another as permitted by law has no relevance for the purpose of claiming the benefit of reservation under Article 16(4) of the Constitution of India. Observing so, Justice P.V. Kunhikrishnan allowed the plea moved by a woman who had challenged the order rejecting her application for a caste certificate citing that she had married to another caste, and thus not eligible for the same.

2. Rape On False Promise Of Marriage Can't Be Presumed Merely Because Accused Married Another Woman After Sex With Prosecutrix : Kerala High Court

Case Title: Ramachandran @ Chandran v. State of Kerala & Anr

Citation: 2022 LiveLaw (Ker) 161

The Court has delivered a noteworthy judgment explaining when sex on the promise of marriage can amount to rape. Setting aside the conviction of a man for the offence of rape on false promise of marriage, the Court clarified merely because the accused contracted another marriage immediately after the sexual act with the victim, it cannot give rise to the presumption of lack of consent.

3. Advocate Who Voluntarily Suspended Legal Practice For Govt Employment No Longer A Member Of The Bar: Kerala High Court

Case Title: Saumya M.S. v. State of Kerala & Ors

Citation: 2022 LiveLaw (Ker) 162

The Court recently ruled that a serving Government employee, who had earlier secured enrollment as an Advocate and had later suspended his legal practice for taking up the above Government employment, cannot be treated as a "member of the Bar" for the purpose of selection and appointment as Assistant Public Prosecutor Grade II. A Division Bench of Justice Alexander Thomas and Justice Viju Abraham observed that this was so since as per the Advocates Act and Bar Council of India Rules, a person who was initially enrolled as an Advocate and later voluntarily suspended from legal practice is not entitled to practise as an Advocate.

4. Kerala High Court Asks State To Revisit The Procedure For Search & Seizure In Abkari Cases

Case Title: Anil Kumar A.B. v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 163

While directing the State to compensate two persons who were falsely implicated in Abkari cases, the Court addressed a question concerning the search, seizure and arrest procedure in abkari cases in the State and opined that the State Government should take serious note of the same. The petitioners were arrested and in confinement for more than 50 days in connection with two separate Abkari cases. They were subsequently found to be innocent and were exonerated by the investigating agency by filing subsequent reports before the Court concerned.

Also Read: 'Jail Is Jail': Kerala High Court Asks State To Pay ₹2.5 Lakhs To Two Persons Falsely Implicated & Detained For Over 50 Days

5. Can't Deny Public Employment On Basis Of Place Of Residence/ Domicile: Kerala High Court Reiterates

Case Title: Liji A.S v. State of Kerala & Ors

Citation: 2022 LiveLaw (Ker) 164

The Kerala High Court recently observed that a candidate cannot be denied public employment merely on the ground that she is not a resident or domicile of a particular location. Ruling so, Justice V.G. Arun set aside a resolution and declared that the Panchayat cannot deny an appointment to the most meritorious candidate for the reason that she is not a resident of the Panchayat.

6. Kerala High Court Refuses To Reschedule KUHS Final Year MBBS Exam

Case Title: Manju A.& Ors v. Kerala University of Health and Sciences & Ors.

Citation: 2022 LiveLaw (Ker) 165

The Court refused to reschedule the dates of the III Professional MBBS Degree Part-II Examinations to be conducted by the Kerala University of Health and Sciences (KUHS) in the plea moved by a large group of medical students from the State. Justice Raja Vijayaraghavan however clarified that students who failed to appear for the examination on March 31 should be permitted to appear along with their junior batch in the exams which are tentatively scheduled to be held on 19.9.2022, or such other date as modified by the Board of Examinations. 

7. Kerala High Court Orders Expeditious Appointment Of Veterinary Staff In Lakshadweep

Case Title: Dr. C.P. Abdul Kabeer v. Union Territory of Lakshadweep & Ors.

Citation: 2022 LiveLaw (Ker) 166

The Court while disposing of a Public Interest Litigation (PIL) directed the Director of Animal Husbandry to appoint veterinary staff under the Central Government sponsored scheme called 'Livestock Health and Disease Control' in Lakshadweep within three weeks. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly asked the concerned authorities to expeditiously finalise appointments of veterinary surgeons and other staff, empathising with the plight of the animals and birds on the island deprived of medical attention.

8. Malankara Church Dispute| Offence Of Forgery Not Attracted: Kerala High Court Drops Proceedings Against Persons Accused Of Forging 1934 Constitution

Case Title: M.S Paulose & Anr v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 167

The Court quashed all proceedings against two individuals who were accused of forging the 1934 Constitution of the Malankara Orthodox Syrian Church observing that the matter had already been dealt with by the Supreme Court and the case was an instance of abuse of process of court. Justice Ziyad Rahman A.A found that the Apex Court had already clarified that the non-registration or the indicated modifications made in the 1934 Constitution cannot be a valid contention to challenge the validity of the document if any petitioner places reliance on it.

9. Initiating Litigation Cannot Be Treated As An Act Of Criminal Conspiracy: Kerala High Court

Case Title: M.S Paulose & Anr v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 168

The Court while quashing proceedings against two individuals who were accused of forging the 1934 Constitution of the Malankara Orthodox Syrian Church observed that Initiating litigation cannot be treated as an act of conspiracy as contemplated under Section 120B of the CrPC. Justice Ziyad Rahman A.A found that the offence of criminal conspiracy is not attracted in the case since the offence of forgery was not established in the case and particularly because filing a suit cannot be treated as an illegal act.

10. Provide Children With IQ Levels Between 70 -84 Facilities Available To Disabled Persons In SSLC Exam 2022: Kerala High Court Grants Interim Relief

Case Title: Bibin K. B. & Ors. v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 169

The Court directed the concerned authorities to permit children with an IQ level between 70 and 84 to avail the facilities available to disabled persons in the forthcoming SSLC Examination 2022 pending disposal of a writ petition as an interim relief. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the Government Pleader to communicate the order of this court to the respondents forthwith and also to the District Medical Officer, Thrissur for implementing this order.

11. Litigant Filing A Case Is A Manifestation Of His Confidence In The Justice Delivery System: Kerala HC Asks Registry To Ensure Expeditious Curing Of Defects

Case Title: Mathew Z Pulikunnel v Smt. Sophy Thomas & Anr.

Citation: 2022 LiveLaw (Ker) 170

The Court disposed of a contempt petition alleging that the Registry did not list a couple of petitions before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P reminded the Registry that the filing of a case by a litigant before this institution is a manifestation of the confidence reposed by the litigant in the justice delivery system in our country.

Other Developments:

12. [Actor Assault Case] Kerala High Court Dismisses Witness' Plea Alleging Harassment From Investigating Officer

Case Title: Sagar Vincent v. Biju Paulose & Ors.

The Court dismissed a petition filed by Sagar Vincent, a witness in the 2017 actor sexual assault case alleging that investigating officer in the case Biju Paulose was threatening him. While observing that the relief sought for by the petitioner cannot be granted, Justice Anu Sivaraman clarified that the petitioner shall be summoned only after giving due notice under Section 160 CrPC and that he will not be harassed further or summoned unnecessarily, except for the purpose of recording the statement.

13. Nun Rape Case: Kerala High Court Admits Appeal Challenging Bishop Franco Mulakkal's Acquittal

Case Title: State of Kerala v. Bishop Franco Mulakkal

The Court admitted the appeal filed against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran also issued notice to Mulakkal.

14. Actor Sexual Assault Case: Kerala High Court Grants Bail To Co-Accused Vijeesh, Incarcerated For 5 Yrs

Case Title: Vijeesh V.P. v. State of Kerala

The Court granted bail to the 4th accused in the sensational actor sexual assault case of 2017 where a popular Malayalam actress was abducted, wrongfully confined and sexually assaulted in a moving car. Justice P. Gopinath released the applicant on bail considering that he had served five years in jail and since other accused who had similar roles in the incident as that of the applicant were already granted bail.

15. K Rail | Centre Claims It Did Not Sanction Ongoing SIA Conducted By State, Kerala High Court Reserves Judgment

Case Title: Muralikrishnan v. State of Kerala & connected matters

The Court reserved the judgment in the batch of petitions challenging the State authorities laying down survey stones on petitioners' property as part of the ongoing survey in furtherance of the K-Rail Silver Line project. Meanwhile, the Centre submitted a written instruction that the State had not approached the Railways seeking permission to proceed with the Social Impact Assessment (SIA) or to lay survey stones on private land for the project.

Also Read: K-Rail | Centre An Equal Partner In The Project, Equally Accountable As State: Kerala High Court

Also Read: K-Rail SilverLine| Laying Of Survey Stones For SIA, Not Acquisition; Won't Affect Land Owner's Rights: Kerala High Court

16. Twenty20 Worker's Murder: Kerala High Court Grants Bail To Four Accused

Case Title: Sainudheen & Ors v. State of Kerala & Anr.

The Court allowed the appeal moved by four CPM leaders accused in the murder of Twenty20 worker, C.K. Deepu, thereby granting them bail and setting them at liberty. Justice Kauser Edappagath released the accused citing that their further detention seemed unnecessary considering that they had no criminal antecedents and since they had not used any weapon.

17. Can A Weaker Sect Among Religious Minority Claim Further Protection Under Article 30? Kerala High Court To Consider CSI Bishop's Plea

Case Title: Most Rev. Dr. Darmaraj Rasalam & Anr v. Union of India & Ors

The Court admitted a petition filed by a Christian sect which raises the point of whether a weaker section within a religious minority can claim further protection under Article 30 to reserve seats for that sect in the educational institutions run by it. The writ petition was filed by the President of the South India Union of Churches (SIUC), Bishop Dr. Darmaraj Rasalam and the Medical Mission of the South Kerala Diocese of the Church of South India.

18. Plea Before Kerala High Court Challenges The Mandate Of Equivalency Certificate For Masters Obtained From Universities Outside State

Case Title: Ranimol K.J. & Ors v. State of Kerala & Ors.

A petition has reached the Court challenging the condition under the Kerala Education Rules, 1959 mandating an Equivalency certificate for master's degrees obtained from universities outside Kerala arguing that its violative of principles of equality. Justice Bechu Kurian Thomas admitted the plea recently and the respondents sought time to file a counter in the matter

Also Read: Kerala High Court Bids Farewell To Justices Sunil Thomas & K. Haripal

19. Oil Prices Rising Internationally Due To Ukraine Situation; Gradual Passing Of Prices To Consumers Not Arbitrary : Companies To Kerala High Court

Case Title: Kerala State Road Transport Corporation v. Union of India & Ors.

The state-owned oil marketing companies told the Court on Friday that oil prices are increasing due to the Ukraine war and that the companies are gradually passing on the prices to the consumers, which cannot be termed arbitrary. The submission was made in response to a p[lea by the Kerala State Road Transport Corporation (KSRTC) challenging the decision of State-owned Oil Marketing Companies to increase the price of diesel sold to the Corporation, which is allegedly much higher than the market price.

20. Kerala High Court Asks Public Service Commission To Provide Visually Impaired Woman With A Suitable Scribe To Appear For Online Exam

Case Title: Anjitha C.P v. Kerala Public Service Commission & Anr.

The Court has directed its Public Service Commission to ensure that a visually impaired woman is given a suitable scribe as contemplated in the circular issued by the Ministry of Social Justice & Empowerment Department of Disability Affairs to appear in an online examination for the post of a teacher. However, Justice N. Nagaresh clarified that if the respondents are not able to provide a suitable scribe, the petitioner shall be permitted to indicate her own scribe and added that the respondents to ensure that the scribe deputed by them is interacting with the petitioner sufficiently early, so as to ascertain suitability.

21. Actor Assault Case | Prosecution Submits Audio Clips Before Kerala High Court, Seeks More Time To Wind Up Further Probe

The prosecution has submitted a pendrive before the Kerala High Court while seeking more time to conclude the further investigation in the 2017 sexual assault case. The pendrive includes two folders containing three voice clips each which were apparently collected by the investigating officers during the course of further investigation.