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Kerala High Court Weekly Round-Up: October 10 To October 16, 2022
Athira Prasad
17 Oct 2022 10:30 AM IST
Nominal Index [Citation 2022 LiveLaw(Ker) 516-524] Muhammad Afreethi v. Mahatma Gandhi University & Anr. 2022 LiveLaw (Ker) 516 State of Kerala & Anr. v. Veluswamy & Ors. 2022 LiveLaw (Ker) 517Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 518The Kerala State Insurance...
Nominal Index [Citation 2022 LiveLaw(Ker) 516-524]
Muhammad Afreethi v. Mahatma Gandhi University & Anr. 2022 LiveLaw (Ker) 516
State of Kerala & Anr. v. Veluswamy & Ors. 2022 LiveLaw (Ker) 517
Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 518
The Kerala State Insurance Department v. P. Rajan & Ors. 2022 LiveLaw (Ker) 519
Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr. 2022 LiveLaw (Ker) 520
Sreenath Bhasi v. State of Kerala & Anr. 2022 LiveLaw (Ker) 521
State of Kerala v. Civic Chandran and XXXXX v. State of Kerala 2022 LiveLaw (Ker) 522
Prakash Karat & Ors. v. State of Kerala & Anr. 2022 LiveLaw(Ker) 523
Solaman v. The State Police Chief and Ors. 2022 LiveLaw(Ker) 524
Judgements/Orders This Week
Case Title: Muhammad Afreethi v. Mahatma Gandhi University & Anr.
Citation: 2022 LiveLaw (Ker) 516
The Kerala High Court on Friday directed Ilaha College of Arts and Science to admit a candidate who had been denied admission on the belief that he would disrupt the discipline of the College.
Justice Devan Ramachandran, while issuing the direction, was of the view that the petitioner was being denied admission to the College based on 'speculative reasons'.
"...it is evident that the College is refusing admission to the petitioner based on certain speculative reasons. It may be true that there was an incident in the past, which led to a police complaint being filed against the petitioner, but this does not ipso facto mean that his attempt is to 'wreck vengeance'", the Court observed.
Case Title: State of Kerala & Anr. v. Veluswamy & Ors.
Citation: 2022 LiveLaw (Ker) 517
The Kerala High Court on Thursday held that testimony alone, of an interested party seeking exemption under Section 3(2) of Kerala Private Forest (Vesting and Assignments) Act, 1971, is not sufficient to establish that the disputed property was cultivated during a particular time.
The Act prescribes that the ownership and possession of all private forests in the state of Kerala shall stand transferred to and be vested in the Government. Section 3(2) however is an exemption clause for land comprised in private forests held by an owner under his personal cultivation.
Case Title: Selvara A. & Ors. v. State of Kerala & Ors. and Walayar Milk Producers Cooperative Society Ltd. v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 518
The Kerala High Court on Friday declared that when specific provisions have been provided under the Kerala Co-operative Societies Act, 1969 for determining the continuance of a person as a member of Society, the same would have to be adhered to.
Justice T.R. Ravi, while allowing the petition filed by members of the Walayar Milk Producers Cooperative Society, thus observed, "When specific provisions are set out in the Act, to deal with different situations regarding the continuance of a person as a member of Society, action can be taken only in accordance with the said provisions".
Case Title: The Kerala State Insurance Department v. P. Rajan & Ors.
Citation: 2022 LiveLaw (Ker) 519
Setting aside the award directing the Kerala State Insurance Department to pay compensation in a road accident claim case, the Kerala High Court Friday said since the policy was not issued by it, the department cannot be charged with liability to pay compensation. However, the court added, since the department took more than eight years to deny the policy, the claimant deserves to be compensated.
The department had challenged the award of the Additional Motor Accidents Claims Tribunal-II, Kozhikode dated 19.10.2005 in a case dating back to 1995. The sole ground was that since the vehicle in question was not even insured by it, the liability of compensation is illegal. The vehicle was instead insured with the Oriental Insurance Company, which was not even made a party before the tribunal.
Case Title: Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr.
Citation: 2022 LiveLaw (Ker) 520
In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008.
Justice P. V. Kunhikrishnan observed, "The only condition for the registration of the marriage as per Rule 6 of the Rules, 2008 is that the marriage is to be solemnized. Religion of the parties is not a consideration for registering marriages."
It added that simply because the father or mother of one of the parties to a marriage belongs to a different religion, it is not a reason to reject an application submitted for registration of the marriage as per the Rules, 2008.
Case Title: Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr.
Citation: 2022 LiveLaw (Ker) 520
In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008.
While passing the order, Justice P. V. Kunhikrishnan quoting the famous words of 'Sree Narayana Guru', which says that this is a place where people reside in brotherhood without any difference based on their caste and religion, remarked that in a state like Kerala, where Great Reformers like Sree Narayana Guru and Ayyankali lived and propagated the principle of secularism, it is unfortunate that nowadays attempts are made to hijack the names of these reformers by certain caste group as their caste leaders.
Case Title: Mr. Sreenath Bhasi v. State of Kerala & Anr.
Citation: 2022 LiveLaw (Ker) 521
The Kerala High Court on Wednesday quashed the criminal proceedings that had been initiated against Malayalam film actor, Sreenath Bhasi, for using filthy language against a female interviewer, following a settlement between the parties.
Justice Kauser Edappagath, while passing the order, observed that,"The dispute in the above case is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings".
Case Title: State of Kerala v. Civic Chandran and XXXXX v. State of Kerala
Citation: 2022 LiveLaw (Ker) 522
The Kerala High Court on Thursday, while disposing of two pleas challenging the grant of anticipatory bail to the author and social activist Civic Chandran in a sexual harassment case, expunged the 'sexually provocative dress' remark of Kozhikode Sessions Court.
Justice Kauser Edappagath, while disposing of the two pleas moved by the State as well as the De facto complainant against the anticipatory bail order, observed that even though the reason shown by the Court below for granting anticipatory bail cannot be justified, the order granting anticipatory bail cannot be set aside.
Case Title: Prakash Karat & Ors. v. State of Kerala & Anr.
Citation: 2022 LiveLaw(Ker) 523
Quashing the criminal proceedings against 12 CPI(M) Leaders, including the state Chief Minister Pinarayi Vijayan, Former CM V S Achuthanandan and Polit Bureau member Prakash Karat in a case alleging unlawful assembly and rioting, the Kerala High Court on Thursday said the right to dissent and the freedom of expression which is contrary to the views of the government is not an offensive conduct.
"The right to freedom of speech and expression and the right to form an assembly guaranteed under the Constitution will be a dead letter if every assembly is regarded as offensive conduct," said the court.
Case Title: Solaman v. The State Police Chief and Ors.
Case Title: 2022 LiveLaw(Ker) 524
The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.
The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both within and outside the state.
Other Significant Developments This Week
Case Title: Kerala Infrastructure Investment Fund Board (KIIFB) v. Director, Directorate of Enforcement and Dr T.M. Thomas Isaac v. The Deputy Director
The Kerala High Court has put on hold for two months the further issuance of summons against Kerala Infrastructure Investment Fund Board (KIIFB) and Former Finance Minister of Kerala Dr Thomas Issac in connection with ED probe into alleged FEMA violations in the issuance of Masala Bonds in 2019. The development comes in the pleas challenging ED summons in connection with the investigation into the financial transactions of KIIFB.
Justice V G Arun observed even though the investigation conducted by the ED cannot be interdicted, there is no justification for petitioners being repeatedly being summoned.
Case Title: Suo Motu v. State of Kerala & Ors.
The Kerala High Court held that the head of the educational institution would be held liable if any tourist bus, which does not meet the safety standards and standards prescribed in relation to control of noise, is used in any public place for carrying students from that educational institution.
"In case any contract carriage, which does not meet the safety standards and the standards prescribed in relation to control of noise is used in any public place for carrying students from any educational institutions, the head of that educational institution and also the teacher or teachers, who are in charge of that trip, who are least bothered about the safety of the students, shall also be proceeded against, in accordance with law," said the court.
The Kerala High Court on Tuesday took note of the reports stating that two women were abducted and killed as part of a black magic ritual at Elanthoor Village in Pathanamthitta, and expressed its shock and disbelief at the news.
Justice Devan Ramachandran wondered where the State was heading to, while referring to the incident.
"Some of the things happening here are beyond the limits of absurdity. Today it is human sacrifice. I wonder where Kerala is going," the court observed
Case Title: Dr. Naveen Prakash Nautiyal v. Union of India & Ors
A plea has been moved in the Kerala High Court challenging the appointment of the Vice Chancellor of Central University of Kerala.
The Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly, admitted the plea and issued notice to the present Vice Chancellor of Central University, Kerala, Prof. H. Vemkateswarlu, who has been named as the 3rd respondent herein, while adding that the issuance of notice needn't be construed as one issued for a writ of quo warranto. The Court on Monday, further directed the respondents to file the respective counter affidavits within four weeks.
Kerala Human Sacrifice Case | Ernakulam Court Remands 3 Accused To Judicial Custody For 14 Days
A Judicial First Class Magistrate Court (JFCM) at Ernakulam on Wednesday, remanded the three accused persons, Muhammad Shafi alias Rasheed, Bhagaval Singh and Laila to judicial custody for 14 days, in the human sacrifice case at Elanthoor Village in Pathanamthitta, Kerala.
Two women lottery vendors had been abducted, killed and buried as part of a ritualistic sacrifice, in the months of June and September.
Case Title: Suo Motu v. State of Kerala & Ors.
The Kerala High Court Friday directed the Transport Commissioner and State Police Chief to take the necessary steps to ensure that no KSRTC bus exhibiting advertisements on the body are allowed to operate in public places.
The division bench comprising Justice Anil K Narendran and Justice P G Ajithkumar, in a previous case, had ordered that transport vehicles owned or operated by KSRTC and KURTC shall not be permitted to exhibit any advertisements since they are likely to distract the attention of other drivers.
Case Title: Dr. Arjun Rajeev & Ors v. State of Kerala & Ors.
The Kerala High Court on Friday admitted the plea filed by at least 17 foreign medical graduates against the alleged charging of exorbitant amount of internship fees, and withholding of internship stipend by General Hospital, Kottayam.
Justice V.G. Arun, while admitting the plea and issuing notice to the respondents, said in the light of the orders passed in similar case, the authorities are directed to permit the petitioners to continue their internship without insisting for payment of internship fee.
