Kerala High Court Monthly Digest: August 2022 [Citations 391- 461]

Nominal Index [ Citation 2022 LiveLaw (Ker) 391- 461]

Olorumemi Benjamin Baba Femi v. Union of India 2022 LiveLaw (Ker) 391

P.K Shanmughan v. District Collector & Ors. 2022 LiveLaw (Ker) 392

Tresa K.J v. State of Kerala 2022 LiveLaw (Ker) 393

Rajesh Chandran v. M.R. Gopalakrishnan Nair & ors. 2022 LiveLaw (Ker) 394

Gouri Dev S.B & Ors. v. University Grants Commission & Ors. and connected matters 2022 LiveLaw (Ker) 395

Vasanthan B. v. Sub Inspector of Police & Ors. 2022 LiveLaw (Ker) 396

M/s Hedge Finance Pvt. Ltd v. Bijish Joseph 2022 LiveLaw (Ker) 397

Adv. Antony Raju v. State Of Kerala 2022 LiveLaw (Ker) 398

Aboobacker K.A & Ors. v. Joint Regional Transport Officer & Anr. 2022 LiveLaw (Ker) 399

Centre for Professional and Advanced Studies v. Abhitha Karun & Ors. 2022 LiveLaw (Ker) 400

Sahara Granites v. District Geologist and others 2022 LiveLaw(Ker) 401

G. Vipinan v. Union of India 2022 LiveLaw (Ker) 402

Suo Motu v. State of Kerala & Ors. 2022 LiveLaw (Ker) 403

Mannam Sugar Mills Corporative Ltd v. Deputy Superintendent of Police 2022 LiveLaw(Ker) 404

Ajayakumar & Anr. v. State of Kerala 2022 LiveLaw (Ker) 405

K.M Mohammed Kutty v. State Transport Commissioner & Ors. 2022 LiveLaw (Ker) 406

Aboobacker v. Valanchery Municipality and Others 2022 LiveLaw(Ker) 407

K.M Mohammed Kutty v. State Transport Commissioner & Ors. 2022 LiveLaw (Ker) 408

Tresa K.J v. State of Kerala 2022 LiveLaw (Ker) 409

Saju v. State of Kerala 2022 LiveLaw (Ker) 410

Jumaila Beevi v. A. Nissar 2022 LiveLaw (Ker) 411

Jose Kuruvinakkunnel @ Kuruvinakkunnel Kuruvachan v Union of India 2022 LiveLaw (Ker) 412

Fathima S & Ors. v. State of Kerala & Anr. 2022 LIiveLaw(Ker) 413

Baby S v. State of Kerala 2022 LiveLaw (Ker) 414

Panayppilly Sree Narayana Guruswami Trust v. Corporation of Kochi & Ors. 2022 LiveLaw (Ker) 415

Linson Thomas v. State of Kerala and Others. 2022 LiveLaw (Ker) 416

Nimal James & Ors v. State of Kerala & Ors. 2022 LiveLaw (Ker) 417

C.P Ajithkumar & Anr. v. State of Kerala & Ors. 2022 LiveLaw(Ker) 418

Kendriya Vidyalaya Sangathan v. Elna Chinchu 2022 LiveLaw (Ker) 419

Jincy K v. Vivek M.P 2022 LiveLaw (Ker) 420

Saritha S. Nair v. Union of India 2022 LiveLaw (Ker) 421

Mahanas Moidu v. State of Kerala 2022 LiveLaw (Ker) 422

Hindustan Steel and Cement Versus Assistant State Tax Officer 2022 LiveLaw (Ker) 423

Biny Kuriakose v. Joseph Sebastian & connected matters. 2022 LiveLaw (Ker) 424

Godson v. State of Kerala & Ors. 2022 LiveLaw (Ker) 425

Divyamol R. S. v. The Director General and others 2022 LiveLaw (Ker) 426

Gopika Jain & Anr v. Faisal M.A 2022 LiveLaw (Ker) 427

Nirupama Padmakumar & Ors. v State of Kerala & Ors 2022 LiveLaw (Ker) 428

M/s Vodafone Idea Ltd v. Kerala State Pollution Control Board & Ors. 2022 LiveLaw (Ker) 429

Ramesh v. Chief Investigation Officer & Anr. 2022 LiveLaw (Ker) 430

Dr K P Hamsakoya vs Union Territory Of Lakshadweep [BAIL APPL. NO. 1464 OF 2022] 2022 LiveLaw (Ker) 431

K.J. Varghese v. State of Kerala & Ors. 2022 LiveLaw (Ker) 432

xxxxxxx v. xxxxxxxxxx 2022 LiveLaw(Ker) 433

Basil George v. Shaji Salim & Ors. 2022 LiveLaw (Ker) 434

Gaurav Tewari v. Union of India 2022 LiveLaw (Ker) 435

Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors. 2022 LiveLaw (Ker) 436

Salikuttan N. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 437

Santhosh Kumar v. State of Kerala & Ors. 2022 LiveLaw (Ker) 438

XXXXXXXXXX v. Union of India & Ors. 2022 LiveLaw (Ker) 439

Swapna Prabha Suresh v. State of Kerala 2022 LiveLaw(Ker) 440

Mathew Daniel v. Leena Mathew 2022 LiveLaw(Ker) 441

Shybu B. v. Sajeev 2022 LiveLaw (Ker) 442

Shibu & Anr v. Sreekumaran & Anr. 2022 LiveLaw (Ker) 443

M. P. Chothy v. Registrar General & Ors. 2022 LiveLaw(Ker) 444

Flemingo Duty Free Shop Private Ltd. versus Airports Authority of India 2022 LiveLaw(Ker) 445

Dr Joseph Skariah v. Vice Chancellor (Selection Committee Chairman) 2022 LiveLaw(Ker) 446

Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors. 2022 LiveLaw (Ker) 447

Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr. 2022 LiveLaw (Ker) 448

Sooraj V. Kumar v. State of Kerala 2022 LiveLaw(Ker) 449

Vidya Gopan & Anr v. High Court of Kerala & Ors. 2022 LiveLaw (Ker) 450

Anuvarudeen v. Sabina 2022 LiveLaw(Ker) 451

Usha Bai & Ors v. Pandikasalya Niyas & Ors. 2022 LiveLaw (Ker) 452

Madeswari v. K. Manickam 2022 LiveLaw (Ker) 453

Anoop v. State of Kerala & Ors. 2022 LiveLaw(Ker) 454

Nisha Vellapan Nair v. The Mahatma Gandhi University & Anr. and Reka Raj v. Nisha Vellapan Nair & Anr. 2022 LiveLaw(Ker) 455

Sanskruthi Motors v. The Joint Commissioner (Appeals) II 2022 LiveLaw(Ker) 456

Noorul Islam Samskarika Sangham v. The District Collector, Malappuram & Ors. 2022 LiveLaw (Ker) 457

Rubber Wood India Pvt Ltd & Ors v. Manojkumar P.S. & Ors. and Rubber Board v. Manojkumar P.S. & Ors. 2022 LiveLaw (Ker) 456

James Robert Edward Peirce & Ors. v. Anna Mathew & Ors. 2022 LiveLaw(Ker) 457

Usha Rajan v. Tripunithura Municipality & Ors. and S. Umesh Shenoy v. Tripunithura Municipality & Ors. 2022 LiveLaw(Ker) 458

Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. 2022 LiveLaw (Ker) 459

Fathima Thazkiya O v. National Medical Commission and Connected Cases 2022 LiveLaw(Ker)460

 Dr. C.S. Rajan v. The Registrar, Sree Sankaracharya University of Sanskrit & Ors. 2022 LiveLaw (Ker) 461

Judgments/Orders This Month

Kerala High Court Directs State To Set Up Temporary Detention Centres For Foreign Citizens Without Travel Documents Within 2 Months

Case Title: Olorumemi Benjamin Baba Femi v. Union of India

Citation: 2022 LiveLaw (Ker) 391

The Kerala High Court on Monday directed the State Authorities and Secretary, Social Justice Department, to set up temporary detention centres for foreign citizens who do not possess travel documents within a period of two months. Justice Ziyad Rahman A A further clarified that the setting up of the detention centres must be done in conformity with the stipulations given by the Central Government.

Kerala Building Tax Act | Residential Building Rented Out For Residential Purpose Can't Be Treated As Commercial Building: High Court

Case Title: P.K Shanmughan v. District Collector & Ors.

Citation: 2022 LiveLaw (Ker) 392

The Kerala High Court on Friday ruled that a residential building which has been rented out for residential purposes cannot be treated as a commercial building under Kerala Building Tax Act, 1975.

Justice Shaji P. Chaly examined the definition of a residential building under the Act before concluding that giving out a residential building for rent does not change its characteristics to that of a commercial building.

Kerala High Court Directs Kochi Corporation, District Collector To Take Necessary Actions To Prevent Flooding Amid Heavy Rainfall

Case Title: Tresa K.J v. State of Kerala

Citation: 2022 LiveLaw (Ker) 393

The Kerala High Court on Monday, considering the reports of flooding in the city amid heavy rainfall this morning, directed the officers of the Disaster Management Authority and the Kochi Municipal Corporation to ensure that every ground level measure is taken and completed on a war-footing so that the severe rains that are expected will not cause deleterious consequences to the citizens in the next few days.

Justice Devan Ramachandran taking into consideration of the heavy rainfall warning for the next couple of days, opined that the situation must be kept under control and the authorities of the Corporation, Disaster Management Authorities must devote sufficient time and attention to the situation as it unfolds on an hour to hour basis.

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court

Case Title: Rajesh Chandran v. M.R. Gopalakrishnan Nair & ors.

Citation: 2022 LiveLaw (Ker) 394

The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the delay as long as there are no willful latches and negligence on the part of the petitioner.

Justice C.S. Dias added that the parties should not suffer for the inaction, omission or misdemeanour of his counsel while adjudicating on a petition filed for setting aside an order passed by Motor Vehicles Accidents Tribunal.

Kerala High Court Quashes Suspension Order Against College Professors Finding Their Suspension 'Premeditated'

Case Title: Gouri Dev S.B & Ors. v. University Grants Commission & Ors. and connected matters

Citation: 2022 LiveLaw (Ker) 395

The Kerala High Court recently quashed the suspension orders issued against certain Assistant Professors of the Sree Narayana Guru College finding that they were issued prior to the report of the Internal Complaints Committee against them.

Justice Devan Ramachandran quashed the suspension orders upon learning that their suspension was premeditated while refraining from commenting further on the same.

Procedure Under CrPC Can Be Used To Launch Prosecution For Offences U/S 7 Of Land Conservancy Act: Kerala High Court

Case Title: Vasanthan B. v. Sub Inspector of Police & Ors.

Citation: 2022 LiveLaw (Ker) 396

The Kerala High Court on Monday held that the procedure contemplated under the Code of Criminal Procedure (CrPC) to initiate prosecution against an accused can be used for offences under Section 7 of the Kerala Land Conservancy Act.

Justice Ziyad Rahman A.A added that CrPC was applicable since the Act did not provide for a specific procedure for the same. The Judge opined that the fact that offences under Section 7 were made cognizable fortified this view.

Kerala High Court Lays Down Two Modes To Appoint Sole Arbitrator, Says Appointment Via Any Other Mode 'Ex Facie Bad'

Case Title: M/s Hedge Finance Pvt. Ltd v. Bijish Joseph

Citation: 2022 LiveLaw (Ker) 397

The Kerala High Court on Tuesday held that a sole arbitrator can only be appointed either by a High Court or by an express agreement in writing between the parties in dispute, in the post-2015 amendment era of the Arbitration and Conciliation Act.

Justice C.S. Dias also ruled that a sole arbitrator appointment through any other mode will be de jure ineligible to act as an arbitrator and that such an appointment will be ex facie bad and in contravention of the Act.

Kerala High Court Stays All Proceedings Against Minister Antony Raju In Evidence Tampering Case

Case Title: Adv. Antony Raju v. State Of Kerala

Citation: 2022 LiveLaw (Ker) 398

The Kerala High Court on Wednesday stayed all the proceedings of the lower court pending against Transport Minister Antony Raju in the evidence tampering case for a period of one month.

While admitting the plea, Justice Ziyad Rahman A A observed that the offences alleged against the petitioner could only be prosecuted on the basis of a complaint by the concerned court or an authorised officer, and not by the police. Therefore, the Court found that the Minister made a prima facie case in his favour.

Public Can Lodge Complaints Against Traffic Cops Found Using Mobile Phones On Duty: Kerala High Court

Case Title: Aboobacker K.A & Ors. v. Joint Regional Transport Officer & Anr.

Citation: 2022 LiveLaw (Ker) 399

The Kerala High Court on Tuesday directed the Police Commissioner of Kochi to take action against traffic police officers who were found using mobile phones while on duty.

Justice Amt Rawal also added that anyone who finds an officer using mobile phones except for emergency or official calls can report the same to the toll-free numbers which will be notified soon.

Maternity Benefit Act Applies To Any Establishment As Defined Under Any Law In Force In State ; Applicable To Contract Employees : Kerala High Court

Case Title: Centre for Professional and Advanced Studies v. Abhitha Karun & Ors.

Citation: 2022 LiveLaw (Ker) 400

The Kerala High Court recently ruled that female officers appointed on a contract basis are entitled to the benefit of the Maternity Benefit Act. The Court further ruled that the term 'establishment' under the Act can be any establishment within the meaning of any law that is in force in the State in relation to establishments.

Upon examining the relevant provisions and precedents, the Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha also concluded that the Special Rules of a registered society cannot override the provisions of the Act, which is a Central Act.

Kerala Minor Mineral Concession Rules| Can't Insist On Submission Of Scheme Of Mining Before Expiry Of Approved Mining Plan: High Court

Case Title: Sahara Granites v. District Geologist and others

Citation: 2022 LiveLaw(Ker) 401

The Kerala High Court on Tuesday held that the Scheme of Mining only ought to be submitted 120 days before the expiry of the first five-year period for which the Mining Plan was approved on the last occasion as per Kerala Minor Mineral Concession Rules, 2015.

Justice N. Nagaresh observed that when the language of Rule 66 is clear, there is no necessity to import the definition of the term 'year' from the Mineral Conservation and Development Rules, which has no application to minor minerals.

Kerala High Court Dismisses PIL Filed Against Conferring IPS Cadre To Retired Police Superintendent With Alleged Criminal Background

Case Title: G. Vipinan v. Union of India

Citation: 2022 LiveLaw (Ker) 402

The Kerala High Court on Wednesday dismissed the Public Interest Litigation challenging the steps taken to confer Indian Police Service (IPS), Kerala Cadre to Abdul Rasheed, retired Superintendent of Police, without considering his alleged criminal background.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that the petition did not stand at this stage after UPSC pointed out that the selection process for the cadre was not complete yet.

Kerala High Court Directs District Collector To Monitor Upcoming Annual Festival At Sabarimala Amid Orange Alert

Case Title: Suo Motu v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 403

The Kerala High Court on Wednesday directed the Pathanamthitta District Collector to monitor the upcoming Niraputhari festival scheduled to be held tomorrow at Sabarimala in the wake of the orange alert issued in the district amid heavy downpour.

A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar also ordered that in case of any exigencies, appropriate decisions shall be taken by the District Disaster Management Authority, including restrictions on entry of pilgrims.

Illegal Permanent Flag Masts Put Up By Political Parties, Unions Attract Nothing But A Blind Eye': Kerala HC Seeks State Response

Case Title: Mannam Sugar Mills Corporative Ltd v. Deputy Superintendent of Police

Citation: 2022 LiveLaw(Ker) 404

The Kerala High Court on Wednesday asked the State to explain how and in what manner it planned to deal with the existing permanent flag masts on various roads and public spaces, mostly erected by vested interests.

While seeking suggestions from competent authorities on how to regulate and remove such installations, Justice Devan Ramachandran criticised the political parties and unions for putting up permanent flag masts in public places without permission.

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Case Title: Ajayakumar & Anr. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 405

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. It added that if he fails to rebut the presumption under Section 113B, the court is bound to act on it.

Justice A. Badharudeen ruled that the standard of proof in cases involving reverse burden was on the basis of `preponderance of probabilities' while for the prosecution it was 'beyond all reasonable doubt'.

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Case Title: Ajayakumar & Anr. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 405

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC (cruelty), does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC.

Justice A. Badharudeen emphasised that Sections 498A (cruelty) and 306 IPC (abetment to suicide) are independent and constitute different offences.

Kerala High Court Prohibits Registry From Accepting Petitions With Vernacular Documents Unless Accompanied By English Translation

Case Title: K.M Mohammed Kutty v. State Transport Commissioner & Ors.

Citation: 2022 LiveLaw (Ker) 406

The Kerala High Court recently held that advocates filing writ petitions should produce the English translation of documents which are filed in a local or vernacular language while prohibiting its Registry from accepting petitions without such translation.

Justice Amit Rawal was adjudicating upon a petition filed with vernacular documents and a note by the advocate saying that the English translation will be produced as and when required by the Court. The Judge pointed out that there is no provision in the High Court Rules empowering an advocate to attach such a note in a petition.

Kerala High Court Directs Registry To Accept Counter Affidavit Without Insisting On Its English Translation

Case Title: Aboobacker v. Valanchery Municipality and Others

Citation: 2022 LiveLaw(Ker) 407

The Kerala High Court on Tuesday directed the Registry to accept a counter affidavit in a case without insisting on an English translation of the same.

This direction assumes significance since less than a month ago, another Bench of the Court had prohibited the Registry from accepting writ petitions with vernacular documents if not accompanied by an English translation.

Judge's Prerogative To Dispense With English Translations: Kerala High Court Clarifies Earlier Order

Case Title: K.M Mohammed Kutty v. State Transport Commissioner & Ors.

Citation: 2022 LiveLaw (Ker) 408

Clarifying its earlier order mandating the filing of English Translation of all Malayalam documents, a single bench of the Kerala High Court on Thursday clarified that it is the prerogative of a judge to dispense with that requirement on a prayer to that effect being made.

Justice Amit Rawal passed the clarification order in an interlocutory application moved by Kerala High Court Advocates Association (KHCAA) seeking clarification on the Court's earlier order prohibiting the Registry from entertaining petitions without the English translation along with the paper books.

'With Proper Resolve Citizens Can Be Spared Of Unnecessary Inundation Every Year': Kerala HC Directs Authorities To Periodically Clean Drains

Case Title: Tresa K.J v. State of Kerala

Citation: 2022 LiveLaw (Ker) 409

The Kerala High Court on Thursday issued directions to various competent authorities to clear up the drainage system and canals to prevent inundation of the city. The Court further directed the Cochin Corporation and the Police to ensure that waste is not being dumped in the drains while ordering that if any person found violating these orders shall be dealt with under the full warrant of law.

Justice Devan Ramachandran, while enjoining the Cochin Corporation to keep the drainage system clean by periodically cleaning it and not by an annual exercise alone, observed that with proper resolve, the citizens can be spared of the unnecessary inundation every year.

Failure To Secure Presence Of Crucial Witnesses Not Ground To Acquit Accused If Evidence Otherwise Establishes Prosecution Case: Kerala HC

Case Title: Saju v. State of Kerala

Citation: 2022 LiveLaw (Ker) 410

The Kerala High Court on Wednesday held that the non-examination of crucial witnesses or the investigating officer by itself is not a sufficient reason to disbelieve the prosecution case in toto and to acquit the accused if the evidence adduced otherwise emphatically established the prosecution case.

Justice A. Badharudeen added that although the prosecution is duty bound to examine all material witnesses to prove its case, if their presence could not be secured due to valid reasons, their non-examination may be exempted.

Order Cancelling Maintenance U/S 127 CrPC Cannot Operate Retrospectively: Kerala High Court

Case Title: Jumaila Beevi v. A. Nissar

Citation: 2022 LiveLaw (Ker) 411

The Kerala High Court on Monday ruled that an order of cancellation of maintenance under Section 127(2) of the Code of Criminal Procedure (CrPC) always operates prospectively and not retrospectively.

A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas added that such cancellation orders cannot date back to the date of application and will operate only from the date the maintenance was cancelled.

Conditions Set By CBFC For Theatrical Release Of Movie Also Applicable To OTT Release: Kerala High Court On Prithviraj-Starrer 'Kaduva'

Case Title: Jose Kuruvinakkunnel @ Kuruvinakkunnel Kuruvachan v Union of India

Citation: 2022 LiveLaw (Ker) 412

The Kerala High Court on Wednesday held that the conditions set by the Central Board of Film Certification (CBFC) for the theatrical release of a movie should be followed when it is broadcasted on OTT platforms as well.

While adjudicating upon a plea seeing to block the OTT release of the Prithviraj-starrer Malayalam movie 'Kaduva', Justice V.G Arun observed that when the CBFC has already issued directions for a movie, they should be followed even if the OTT rights have been sold.

Kerala High Court Grants 10 More Days For NEET-UG Aspirants To Opt For NRI Quota

Case Title: Fathima S & Ors. v. State of Kerala & Anr.

Citation: 2022 LIiveLaw(Ker) 413

The Kerala High Court on Thursday directed the competent authority to keep the online portal for MBBS Admission for the academic year 2022-23 open for a period of 10 more days for those candidates who intend to opt for the NRI quota.

Justice Devan Ramachandran observed that since the results of the NEET examinations have not yet been published and candidates were still allowed to opt for other or additional subjects, students who desire to opt for the NRI quota should not be withheld from doing so.

Dowry Death | Presumption U/S 113B Evidence Act Mandatory: Kerala High Court Reopens Case After It Was Closed As Suicide

Case Title: Baby S v. State of Kerala

Citation: 2022 LiveLaw (Ker) 414

The Kerala High Court on Friday directed a dowry death case to be reopened after the Sub Inspector (SI) of Police in charge of the investigation closed it as a case of suicide.

Justice Kauser Edappagath observed that as per Section 113 B of the Indian Evidence Act (presumption as to dowry death) if it is seen that a woman was subjected to cruelty or harassment for dowry by the accused soon before her death, the mandatory presumption is that such person caused the dowry death.

Kerala Municipality Act | No Property Tax Exemption U/S 235 For Building Given On Rent Merely Because Rent Is Utilised For Charity: High Court

Case Title: Panayppilly Sree Narayana Guruswami Trust v. Corporation of Kochi & Ors.

Citation: 2022 LiveLaw (Ker) 415

The Kerala High Court recently ruled that a building given on rent will not be exempted from property tax under Section 235 of the Kerala Municipality Act merely because the rent received is utilised for charity purposes.

Upon going through the provision, Justice Shaji P. Chaly observed that property tax exemptions only applied to buildings utilised for the specified proposes while emphasising that what is exempted thereunder was the building and not the rent received to the building, even if it was utilised for charity.

Government Order Cannot Have Retrospective Operation Particularly When It's Not A Legislation: Kerala High Court

Case Title: Linson Thomas v. State of Kerala and Others.

Citation: 2022 LiveLaw (Ker) 416

The Kerala High Court on Tuesday held that the retrospective operation of a Government Order cannot be permitted particularly when it is merely an executive order, and not a legislation.

Justice Devan Ramachandran observed that the petitioner joined the University unaware of any conditions as put forth by the subsequent Government order; therefore, the retrospective operation of the order cannot be permitted.

Kerala High Court Temporarily Bars Self-Financing Colleges From Taking Action Against BPL Students For Non Payment Of Fee

Case Title: Nimal James & Ors v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 417

The Kerala High Court on Monday temporarily refrained self-financing colleges from taking any form of detrimental action against students belonging to the Below Poverty Line (BPL) category merely for not paying the college fee. The students in the BPL category were recently stripped of the scholarship scheme that was previously available to them.

Justice Devan Ramachandran further clarified that this direction was not confined o the petitioners alone but to every student falling under the BPL category.

'We Can Neither Wait For Another Victim Nor Can We Let Roads Be Killing Fields': Kerala HC Directs NHAI To Fix Roads Within A Week

Case Title: C.P Ajithkumar & Anr. v. State of Kerala & Ors.

Citation: 2022 LiveLaw(Ker) 418

The Kerala High Court on Monday directed the National Highway Authority of India to take immediate steps to rectify every road under their control without any further delay within one week from today.

Justice Devan Ramachandran observed that steps should be taken to remove the potholes and craters on the road irrespective of whether that be on the National Highway, PWD Roads, or any other road under the control of the various Local Self Government Institutions.

Locus Standi To Be Satisfied To Make A Claim On Doctrine Of Legitimate Expectation: Kerala High Court

Case Title: Kendriya Vidyalaya Sangathan v. Elna Chinchu

Citation: 2022 LiveLaw (Ker) 419

The Kerala High Court recently observed that a person who bases his claim on the doctrine of legitimate expectation must first satisfy that there is a foundation for the same and thus has a locus standi to make such a claim.

A Division Bench of Justice P. B. Suresh Kumar and Justice C.S. Sudha observed that for a beneficiary to have a legitimate expectation on invoking the privilege granted, it must be proved that the beneficiary has the locus standi to make such a claim.

Convenience Of Wife Must Be Looked Into While Transferring Proceedings In Matrimonial Disputes: Kerala High Court

Case Title: Jincy K v. Vivek M.P

Citation: 2022 LiveLaw (Ker) 420

The Kerala High Court recently allowed a Transfer Petition observing that it is the convenience of the woman and children that has to be looked into while ordering the transfer of a case from one Court to another in matrimonial cases.

Justice C. S. Dias concluded so after referring to the Apex Court decisions regarding the transfer of matrimonial proceedings.

Kerala High Court Dismisses Saritha Nair's Plea Seeking Copies Of Swapna Suresh's 164 Statement

Case Title: Saritha S. Nair v. Union of India

Citation: 2022 LiveLaw (Ker) 421

The Kerala High Court on Thursday dismissed the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the diplomatic gold smuggling case.

Justice Kauser Edappagath dismissed the petition finding that the apprehensions projected by Nair were not substantiated sufficiently and therefore 'speculative'.

Vlogger's Suicide | 'Custodial Interrogation Necessary To Elicit Truth': Kerala High Court Denies Pre-Arrest Bail To Husband

Case Title: Mahanas Moidu v. State of Kerala

Citation: 2022 LiveLaw (Ker) 422

The Kerala High Court on Thursday denied anticipatory bail to the husband of a young vlogger Rifa Mehnaz, who was found dead in her house in Dubai earlier this year under mysterious circumstances.

Justice Bechu Kurian Thomas dismissed the application for pre-arrest bail finding that the custodial interrogation of the petitioner was essential to elicit the truth surrounding his wife's death.

Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea

Case Title: Saritha S. Nair v. Union of India

Citation: 2022 LiveLaw (Ker) 421

In a significant decision, the Kerala High Court on Thursday held that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act since it is the record of an act of a public officer done in the discharge of his duty.

However, Justice Kauser Edappagath also clarified that no person is entitled to a copy of the 164 statement until the final report in the case has been filed and cognizance is taken in the matter. The Judge emphasised that in the case of a stranger seeking such copies, they are bound to furnish genuine and tangible interest in the document.

Assessee Has Statutory Right To File An Appeal Even After Voluntary Payment Of GST/Penalty: Kerala High Court

Case Title: Hindustan Steel and Cement Versus Assistant State Tax Officer

Citation: 2022 LiveLaw (Ker) 423

The Kerala High Court has held that assessees have a statutory right to file an appeal even after the voluntary payment of GST or penalty.

The single bench of Justice Gopinath has observed that the culmination of proceedings in respect of a person who seeks to make payment of tax and penalty under Section 129(1)(a) does not result in the generation of a summary of an order under Form DRC-07 and cannot result in the right of the person to file an appeal under Section 107 being deprived.

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Case Title: Biny Kuriakose v. Joseph Sebastian & connected matters.

Citation: 2022 LiveLaw (Ker) 424

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney.

Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child.

Violation Of Bail Conditions By Itself Not A Ground To Cancel Bail: Kerala High Court

Case Title: Godson v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 425

The Kerala High Court on Thursday held that non-compliance with bail conditions alone is not a ground to cancel the bail already granted to the accused since such cancellation affects the personal liberty of a person under Article 21 of the Constitution.

Justice Ziyad Rahman A. A clarified that while considering an application to cancel the bail on the ground of non-compliance with the conditions, the court has to consider the question of whether the alleged violation amounts to an attempt to interfere with the administration of justice or as to whether it affects the trial of the case in which the accused is implicated.

Offending Officer Can Be Transferred In Case Of Indiscipline In Forces: Kerala High Court

Case Title: Divyamol R. S. v. The Director General and others

Citation: 2022 LiveLaw (Ker) 426

The Kerala High Court on Wednesday ruled that it is permissible to deal with indiscipline in disciplined forces by transferring the deviant officers.

A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. added that such transfers would ensure that discipline is maintained within the force while simultaneously assuring that no aspersion is cast on the officer's character or conduct.

Sub Inspector Was Unaware Of 'Arnesh Kumar' Guidelines: Police Commissioner Submits Before Kerala High Court

Case Title: Gopika Jain & Anr v. Faisal M.A

Citation: 2022 LiveLaw (Ker) 427

An interesting development transpired in the Kerala High Court recently when a Commissioner of Police communicated in his statement to the Court that a Sub Inspector of Police was oblivious of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar.

A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen condemned the cavalier manner in which the Sub Inspector had responded to the contempt of court proceedings initiated against him for non-compliance with these guidelines.

Govt Which Claims To Be Progressive Can't Deny EWS Benefits To Non-Religious Persons: Kerala High Court

Case Title: Nirupama Padmakumar & Ors. v State of Kerala & Ors

Citation: 2022 LiveLaw (Ker) 428

The Kerala High Court on Friday directed the State to expeditiously frame a policy to issue community certificates to persons belonging to the non-religious category such that they can avail the benefits available to Economically Weaker Sections (EWS).

Justice V.G Arun also observed that a government which claims to be progressive cannot deny non-religious category persons the benefits merely because they choose not to belong to any community or caste.

Air Pollution A Silent Killer, Multi-Sectoral Challenge In India: Kerala High Court

Case Title: M/s Vodafone Idea Ltd v. Kerala State Pollution Control Board & Ors.

Citation: 2022 LiveLaw (Ker) 429

The Kerala High Court on Wednesday emphasised the gravity of air pollution in the country and how it poses a multi-jurisdictional and multi-sectoral challenge for the Centre and the State alike.

Justice N. Nagaresh observed that air pollution is a silent killer that impacts public health as well as the national economy detrimentally.

Kerala High Court Denies Bail To LTTE Sympathizer Who Overstayed 5 Years In India Without Visa

Case Title: Ramesh v. Chief Investigation Officer & Anr.

Citation: 2022 LiveLaw (Ker) 430

The Kerala High Court on Thursday denied bail to a suspected LTTE sympathizer for having overstayed in India without a Visa and actively plotting to procure prohibited arms and contraband articles while furthering the activities of LTTE in India and abroad.

A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran dismissed the appeal finding that the witness statements clearly established that he was an active member of the banned terrorist organization 'Liberation Tigers of Tamil Eelam' (LTTE).

Kerala HC Gants Pre-Arrest Bail To A Doctor Accused Of Posting Defamatory Articles Against Lakshadweep Administrative Officers

Case title: Dr K P Hamsakoya vs Union Territory Of Lakshadweep [BAIL APPL. NO. 1464 OF 2022]

Case Citation: 2022 LiveLaw (Ker) 431

The Kerala High Court on Wednesday granted anticipatory bail to a senior doctor who has been accused of posting defamatory articles against officers of the Administration of Lakshadweep on Facebook.

The bench of Justice Viju Abraham was essentially dealing with the pre-arrest bail plea of Dr. K P Hamsakoya, who is one of the seniormost doctors serving the Lakshadweep Administration and that he is presently under suspension.

Reservations For Differently Abled Should Be Implemented In Aided School Appointments: Kerala High Court

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

Citation: 2022 LiveLaw (Ker) 432

The Kerala High Court recently held that the reservations earmarked for persons with disabilities should be enforced in educational institutions aided by the government during their recruitment process. The Court further held that appointments made post-2018 shall not be implemented unless such reservations were awarded.

While clarifying that approval of appointments already granted shall not be unsettled, Justice Raja Vijayaraghavan V. added that the right of reservation in employment conferred to the disabled under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and the Rights of Persons With Disabilities Act 2016 cannot be taken away by placing stumbling blocks.

Kannur University Case| Kerala High Court Stays Appointment Of Priya Varghese As Associate Professor Till 31st August

Case Title: Dr Joseph Skariah v. Vice Chancellor (Selection Committee Chairman)

Citation: 2022 LiveLaw(Ker) 446

The Kerala High Court on Monday stayed the appointment of Priya Varghese, wife of K.K. Ragesh, private secretary to Chief Minister Pinarayi Vijayan as an Associate Professor at the Department of Malayalam in Kannur University till August 31st.

Justice Devan Ramachandran has passed the interim order staying the appointment of Priya Varghese as an associate professor in a petition filed by the second rank holder in the list.

Kerala High Court Grants Anticipatory Bail To BJP General Secretary Of Lakshadweep Accused Of Holding National Flag With 'Saffron Down'

Case Title: Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr.

Citation: 2022 LiveLaw (Ker) 447

The Kerala High Court on Friday granted anticipatory bail to the BJP State General Secretary of Lakshadweep accused of insulting the national flag by holding it with 'saffron down'. Mohammed Kasim HK had been booked under Section 2 of the Prevention of Insults to National Honours Act, 1971.

Justice Viju Abraham granted pre-arrest bail on noting that custodial interrogation of the petitioner may not be necessary, considering the nature of allegations.

Court In Area Where Minor Ordinarily Resides Has Jurisdiction In Guardianship Case, Citizenship Of Child/ Parents Has No Bearing: Kerala High Court

James Robert Edward Peirce & Ors. v. Anna Mathew & Ors.

Citation: 2022 LiveLaw(Ker) 457

The Kerala High Court recently held that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".

A Division Bench consisting of Justice A Muhamed Mustaque and Justice Sophy Thomas observed that citizenship or domicile of the father of a child, or the fact that rightly or wrongly the child had acquired a foreign passport, will have no bearing in determining the jurisdiction.

Can't Deny Occupancy Certificate For Constructions Granted Building Permit Prior To S.27A Kerala Conservation Of Paddy & Wet Land Act: High Court

Case Title: Usha Rajan v. Tripunithura Municipality & Ors. and S. Umesh Shenoy v. Tripunithura Municipality & Ors.

Citation: 2022 LiveLaw(Ker) 458

The Kerala High Court recently, while disposing of two Writ Petitions, held that an Occupancy Certificate cannot be denied on the ground that the land where the building is constructed is a paddy land or wetland in respect of a building which was constructed as per a valid building permit issued prior to the coming into force of the amended provisions of the Kerala Conservation of Paddy Land and Wetland 2008 Act (30.12.2017).

Justice N. Nagaresh observed that when an application for an Occupancy Certificate in respect of a building which was constructed as per a valid building permit issued prior to 30.12.2017 is made, the Authorities cannot take umbrage under Section 14 to deny an Occupancy Certificate to the building on the ground that the land where the construction was made is a paddy land or wetland.

Whether Subordinate Judges' Courts Have Jurisdiction To Grant Leave, Try & Dispose Of Suit Filed U/S 92 CPC? Kerala HC Refers Issue To Larger Bench

Case Title: Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors.

Citation: 2022 LiveLaw (Ker) 459

Recently, the Kerala High Court expressed its doubt as to the validity of an earlier Single Judge decision in Sree Gurudeva Charitable and Educational Trust, Kayamkulam & Others v. K. Gopalakrishnan & Others, which had held that it was only the Principal District Judge which had the jurisdiction to grant leave for institution of a suit under Section 92 of the Code of Civil Procedure (CPC).

On noting that the above decision does not lay down the correct position of law, Justice C.S. Dias was of the considered view that the question regarding whether the Court of the Subordinate Judge is competent to grant leave to institute a suit and, thereafter, to try and dispose of the suit under Section 92 of the Code of Civil Procedure 1908, was to be decided by a Bench of two or more Judges, and thus, directed the Registry to place the same before the Chief Justice who may take the appropriate decision in this regard if deemed necessary.

NMC Direction For Govt Fee In 50% Seats Won't Apply To Private Medical Colleges & Deemed Universities In Kerala : High Court

Case Title: Fathima Thazkiya O v. National Medical Commission and Connected Cases

Citation:2022 LiveLaw(Ker)460

The Kerala High Court recently held that the direction issued by the National Medical Commission(NMC) that the fee in 50% of seats in Private Medical Colleges and Deemed Universities should be at par with the fees in Government medical colleges will not apply in the State of Kerala.

The Court held so taking note of the fact that there is no concept of "Government Quota" or "Management Quota" in private medical colleges in Kerala and that the fees of private medical colleges are fixed by a statutory body, Admission and Fee Regulatory Committee(AFRC).

Experience Cannot Substitute Duration Of Service Required By UGC Norms: Kerala High Court

Case Title: Dr. C.S. Rajan v. The Registrar, Sree Sankaracharya University of Sanskrit & Ors.

Citation: 2022 LiveLaw (Ker) 461

The Kerala High Court on Tuesday observed that when the UGC norms mandate 8 years of continuous service in the post of 'Reader' in order to be eligible for promotion as 'Professor', then the experience gained by a person in a post which had been gained by him pursuant to an appointment which had hitherto been declared as 'illegal' by the Court would not be sufficient to act as substitute in order to make the person eligible.

The Division Bench comprising of Justice P.B. Suresh Kumar and Justice Mary Joseph, in the review petition before it, observed that when there are norms stipulating the qualifications which have been laid down by the UGC and which are unambiguous, the Court could not substitute the same with its own interpretation to benefit a person.

Other Significant Developments

Five Paperless Benches To Start Functioning Today: Kerala High Court Issues Guidelines

As five benches gear up to go paperless starting today, the Kerala High Court has issued certain guidelines to be followed by the lawyers. Paperless courts have been introduced in the single benches with Bail jurisdiction and Tax matters, as well as the division bench that considers appeals from these single benches.

Brewery License Case | Kerala High Court Extends Stay On Vigilance Court's Order Directing State To Produce Files

The Kerala High Court on Monday extended its stay on the Thiruvanathapuram vigilance court order, which had directed the State to produce the files related to the brewery allotment corruption case.

Justice K. Babu extended the stay while considering a plea filed by the State Government challenging the vigilance court order.

Kerala Court Sentences Three Accused After They Plead Guilty In Kalamassery Bus Burning Case

Case Title: Union of India v Nazeer Thadiyantavidatha @ Ummer Haji & Ors.

A court in Kerala on Monday sentenced Thadiyantavida Nazeer, a suspected Lashkar-e-Taiba operative, and his accomplice to 7 years of rigorous imprisonment in the 2005 Kalamassery bus burning case while sentencing another accused in the case to 6 years imprisonment.

NIA Special Court Judge K Kamanees had convicted them last week after the trio admitted their guilt in the case. The sentence was imposed considering their guilty plea and their young age at the time of committing the crimes.

Kerala High Court Reserves Order In Plea Seeking To Disqualify MLA Saji Cherian Over His Remarks On The Constitution

Case Title: Biju P. Cheruman v. Election Commission of India & Ors.

The Kerala High Court on Tuesday reserved its verdict in the plea seeking a direction to declare that CPI(M) legislator and former minister Saji Cherian is not entitled to hold the office of MLA after his remarks allegedly insulting the Constitution sparked a controversy across the State.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly heard the parties before reserving its orders in the matter today.

Impossible To Pay Off KSRTC's Recurring Liabilities Unless All Stakeholders Act In Unison: Kerala High Court

Case Title: R. Baji & Ors. v. KSRTC & Ors.

The Kerala High Court on Tuesday, while hearing the plea moved by the KSRTC employees alleging that they were not being paid salary promptly, pulled up on the Employees Unions for continuing the strikes despite assuring the Court that the strikes would be called off.

Justice Devan Ramachandran opined that unless KSRTC, Government and the employees act in unison, it would be impossible to find resources to pay off the recurring liabilities of the Corporation.

Evidence Tampering Case| Minister Antony Raju Moves Kerala High Court Seeking To Quash Proceedings Against Him

Case Title: Adv. Antony Raju v. State of Kerala and Others

Transport Minister Antony Raju has approached the Kerala High Court alleging patent illegality in the procedure adopted by the Kerala High Court and by the Session Court, Thiruvanthapuram, and the Police in the evidence tampering case in which he is an accused and thereby, the continuation of the proceedings before the Court below would be a clear abuse of the process of Court.

NEET-UG | Female Candidates Forced To Remove Innerwear: Kerala High Court Seeks Response From NTA

Case Title: Asif Azad v. Union of India & Ors

The Kerala High Court has directed the National Testing Agency (NTA) to file a detailed statement explaining the manner in which the National Eligibility-cum-Entrance Test (NEET) was conducted at its Kollam centre where female aspirants were asked to remove their innerwear before attempting the exam after metallic hooks were detected during screening.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly issued the order on Wednesday in a PIL seeking compensation to the affected candidates and asked the NTA to produce all relevant documents to explain the inquiry conducted into the same.

Kerala High Court Issues Notice On PIL Challenging Arrests For "Black Flag" Protests Against Chief Minister

Case Title: Sam Joseph v. State of Kerala and Others

The Kerala High Court on Tuesday sought answers from the State Government in a Public Interest Litigation filed challenging the arrest and detention of persons who protested against the Chief Minister by waving black flags.

A Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P Chaly has issued notice to the Kerala Government and the District Police Complaint Authority and has directed them to file counter affidavit.

PIL Filed In Kerala High Court Against Ernakulam District Collector Over Delay In Declaring Holiday For Schools Amid Heavy Rains

Case Title: M.R. Dhanil v. District Collector and Others.

A Public Interest Litigation was filed before the Kerala High Court against the delayed decision of the District Collector, Ernakulam, to declare holiday for the Schools and Colleges in the District due to heavy rainfall. It also sought a directive to frame proper guidelines on declaring holidays to the Schools and Colleges.

The PIL has been filed by Advocate MR Danil, a lawyer practising at the High Court. The petitioner submitted that the District Collector declared holiday to all the schools and colleges in the district due to heavy rainfall at 8:45 AM on the concerned day through a social media post. Later, the District Collector clarified that the Schools that have already started functioning need not be closed.

Kerala High Court Reserves Order In Bail Plea Moved By SFI Leader Who Violated Earlier Bail Conditions

Case Title: Arsho P.M v. State of Kerala

The Kerala High Court on Friday reserved its verdict on the bail application moved by Arsho P.M, the State Secretary of the Students' Federation of India (SFI), who was taken into custody for the second time after he violated the bail conditions imposed on him.

Justice Viju Abraham heard both the counsels extensively before reserving orders in the bail application. The Judge orally remarked that the decision will be pronounced next week.

I Was A Voter In The Constituency: Kerala HC Judge Recuses From Hearing CPI(M) Leader's Election Petition Challenging Congress Candidate's Victory

Case Title: Adv. M. Swaraj v. K. Babu

Justice Sophy Thomas of the Kerala High Court on Friday recused from hearing the plea moved by CPI(M) leader and former MLA M. Swaraj challenging the election of Congress candidate K. Babu from the Tripunithura constituency.

When the case was taken up, Justice Thomas recused from the case citing that she was a voter of the same constituency.

Agnipath Scheme: Kerala High Court Directs Registry To Accept Petitions After AFT Refuses To Hear Challenge

Case Title: Nandu Krishnan R & Ors v. Union of India & Ors. and connected matters

The Kerala High Court on Friday directed its Registry to accept two petitions challenging the Centre's Agnipath recruitment scheme for armed forces, that were flagged as "defective" on point of maintainability.

This comes after the Kochi bench of the Armed Forces Tribunal refused to hear the challenge.

Justice Anu Sivaraman, after hearing the arguments raised by Advocates Siji Antony, John Varghese and P.M Joseph, directed the Registry to number the cases and place them for admission before the bench on the next day.

Kerala High Court Directs Registry To Transfer All Cases Challenging Agnipath Scheme To Delhi High Court

Case Title: Nandu Krishnan R & Ors v. Union of India & Ors. and connected matters

The Kerala High Court on Monday directed the Registry to transfer three petitions relating to the Agnipath scheme to the Delhi High Court so that the matter can be renumbered and be heard along with the other pending similar matters.

Justice Anu Sivaraman transferred the cases relied on the Apex Court Order directing the transfer of all Agnipath-related matters to the Delhi High Court. This comes after the Kochi bench of the Armed Forces Tribunal refused to hear the challenge.

Kerala High Court Launches Suo Moto PIL To Monitor Flood Relief Activities, Directs State To Take Prompt Action To Prevent Disasters

Case Title: Foundation for Restoration of National Values v. State of Kerala

The Kerala High Court has initiated a Public Interest Litigation (PIL) directing the State Government to take proper and prompt action during monsoons considering that persistent rainfall has caused severe loss to the lives and properties of people in the State.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly launched the PIL to monitor the governmental action in providing appropriate mechanisms to manage emergency situations arising during the monsoon season and otherwise under the Disaster Management Act.

Kerala High Court Seeks NMC's Response On Plea For Practical Training, Internships For Indian Medical Students In Chinese Universities

Case Title: Parents Association of Foreign Medical Graduates v. Union of India & Ors.

The Kerala High Court has sought the response of the National Medical Commission in a plea filed on behalf of 92 medical students studying in different universities in China seeking practical training and internship facilities in India till the travel restrictions to China are lifted.

Justice V.G Arun directed the NMC to file an affidavit communicating the Commission's stand on the issue.

Former Kerala Finance Minister Thomas Issac Moves High Court Challenging ED Summons In Connection With KIIFB Transactions

Dr Thomas Issac, former Finance Minister of Kerala and a member of the Communist Party of India (Marxist), has approached the Kerala High Court challenging the summons issued by the Enforcement Directorate seeking his appearance in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB).

In the writ petition, Issac stated that the ED, without disclosing the real nature of the investigation, has asked him to appear on August 11 to explain his role in the KIIFB. Though the summons mentions provisions of the Foreign Exchange Management Act and the Income Tax Act, it does not reveal what are the violations to which the petitioner is required to respond. It is argued that the attempt of the ED is to initiate a "fishing and roving enquiry" by keeping the petitioner in dark about the real nature of the allegations. Thomas had submitted in his writ petition that the central agency had asked him to produce the details of his properties, both moveable and immoveable, as well as those of his family members.

PIL Seeks Special Assistance For All Differently-Abled Students In Exams; Kerala High Court Issues Notice To Centre, State & Education Dept

Case Title: Blessen Baby v. Union of India & Ors

A Public Interest Litigation (PIL) has reached the Kerala High Court seeking assistance for all differently-abled students in examinations, regardless of the percentage of their disability.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly recently issued notice to the Centre, State and the relevant State Education Departments in the plea.

'He Has Right To Privacy': Kerala HC Asks ED Why Thomas Issac Should Produce Documents Of His Assets At First Instance

Case Title: Dr T.M. Thomas Isaac v. The Deputy Director

The Kerala High Court on Thursday asked the Enforcement Directorate to explain why former Finance Minister of Kerala Dr Thomas Issac was asked to produce private information regarding his assets at this preliminary stage of the case, particularly when he was not even an accused or suspect yet.

Justice V G Arun raised the question while hearing the plea filed by Issac against the proceedings initiated by the ED seeking his appearance in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB). Thomas had submitted in his writ petition that the central agency had asked him to produce the details of his properties, both moveable and immoveable, as well as those of his family members.

Kerala High Court Questions Maintainability Of MLAs' PIL Against ED Probe Into KIIFB, Reserves Verdict

Case Title: KK Shailaja & Ors. v Union of India & Ors.

The Kerala High Court on Thursday reserved its verdict on a PIL moved by five MLAs against the ongoing Enforcement Directorate probe into the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB).

A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly doubted the maintainability of the plea on the grounds that it may not qualify as a public interest litigation and that the investigation of the case was still at its preliminary stage.

Salary Paid Overlooking Other Essential Expenses, Forced To Cut Down Trips: KSRTC Seeks 10 More Days To Disburse Pending Salary Before Kerala High Court

Case Title: R. Baji & Ors. v. KSRTC & Ors.

The Kerala State Transport Employee Association (KSRTC) has sought ten more days from the Kerala High Court to disburse salary yet to be paid to its employees.

This comes after the Court directed KSRTC to disburse salary to its employees for the months of June and July before August 10 while adjudicating on a plea alleging that the employees were not being paid promptly.

Transportation Of LPG Cylinders A Public Utility Service: Kerala High Court Restrains Strike

Case Title: Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors.

The Kerala High Court on Friday, while declaring the transportation of LPG Cylinders to be a 'public utility service' as defined in Section 2(n) of the Industrial Disputes Act, 1947, restrained a proposed strike by members of Kannur District Fuel Employees Union. It held that no person employed in such public utility service can go on strike during the pendency of conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.

Justice Murali Purushothaman, while observing that since conciliation proceedings were pending in the instant case, and since Section 22 prohibits strikes and lockouts during the pendency of any such conciliation proceedings, issued an interim order restraining the proposed strike on 22nd and 23rd of August, 2022, or any subsequent day during the pendency of the aforementioned proceedings.

Session Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case Moves Kerala High Court Challenging His Transfer

Case Title: S. Krishnakumar v. State of Kerala

Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who was recently transferred to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case, has approached the Kerala High Court challenging his transfer order.

In the petition moved through Advocates Dinesh Mathew J. Muricken, Ahammad Sachin K, Nayana Varghese and Vinod S. Pillai, the Petitioner challenges the transfer from the post over a controversial remark about the dressing of a sexual assault survivor in a judicial order alleging that the transfer is illegal, arbitrary and violative of Article 14 of the Constitution.

They Are Ordinary People, Not Criminals': High Court Asks Govt To Look Into Cases Registered Against K-Rail Silverline Protesters

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

The Kerala High Court on Monday directed the Government to look into the criminal cases registered against the citizens who opposed laying of survey stones for the K-Rail Project.

Justice Devan Ramachandran observed that even the Government has realised that a project of this nature cannot be executed without the support and help of the citizenry as a whole which is evident from their subsequent orders directing the SIA to be complete only electronically or via geotagging.

Kerala High Court Reserves Its Order On The Plea moved by Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case

Case Title: S. Krishnakumar v. State of Kerala

The Kerala High Court on Tuesday reserved order in the plea moved by the Principle District and Sessions Judge, Kozhikode, challenging his transfer order to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case.

Justice Anu Sivaraman observed that the transfer is not a deputation as it is well within the cadre of the Principle District Judge.

Kerala Govt Has No Obligation To Pay KSRTC Salaries: State's Appeal In High Court

Case Title: State of Kerala v. R. Baji

The Kerala Government has approached the High Court challenging the order directing it to release requisite funds to KSRTC to clear salary dues of its employees for the months of July and August, along with the bonus eligible to those below the managerial cadre on or before the 1st September.

In the Writ Appeal moved through Special Government Pleader Advocate P. Santhosh Kumar, the State challenged the order passed by the Court on 24th August 2022, contending that the State Government has no obligation to pay salary and other allowance to the employees of the KSRTC.

Kerala High Court Seeks State's Response On Plea For Salary Hike, Better Working Conditions For Private Hospital Nurses

Case Title: Indian Professional Nurses Association v. State of Kerala & Ors.

The Kerala High Court has sought a reply from the State regarding the salary and working conditions of nurses working in private hospitals. This comes in the plea moved by the Indian Professional Nurses Association seeking implementation of Prof. Jagadish Prasad Committee Report.

Justice P. V. Kuhnikrishnan admitted the PIL and sought reply from the Kerala Government.

The plea moved through Advocates Jose Abraham, N Ragesg, Adithyan Ezhapilly and R. Muraleedharan submits that subsequent to the Supreme Court decision, the Central Government had constituted an Expert Committee to make recommendations for the improvement of the working conditions and salaries of nurses working in private hospitals and nursing homes.