Kerala High Court Weekly Round-Up: March 21 To March 27, 2022

Nominal Index:  [Citations 2022 LiveLaw (Ker) 135 - 146 ]

Mathew Z Pulikunnel v Chief Justice of India, 2022 LiveLaw (Ker) 135

K.P. Sasikala v. State of Kerala & Ors., 2022 LiveLaw (Ker) 136

Aravind TR & Ors. v Kerala University of Health Sciences, 2022 LiveLaw (Ker) 137

Muhammed Nazar & Ors. v State of Kerala & Anr., 2022 LiveLaw (Ker) 138

 P.T. Philipose & Anr. v. Sunil Jacob & Ors., 2022 LiveLaw (Ker) 139

Western Ghats Protection Council v Union of India & Ors., 2022 LiveLaw (Ker) 140

Saroja v. Postmaster & Ors., 2022 LiveLaw (Ker) 141

Udaya Sounds v. Principal Commissioner of Income Tax & Ors., 2022 LiveLaw (Ker) 142

Suo Motu v. State of Kerala, 2022 LiveLaw (Ker) 143

Sabeena E.K v. District Collector,  2022 LiveLaw (Ker) 144

Shajimon V. v. State of Kerala & Anr., 2022 LiveLaw (Ker) 145

Ukkash A .v. State of Kerala & Ors., 2022 LiveLaw (Ker) 146

Judgments This Week:

1. Writ Petition To Initiate In-House Inquiry Against Judges Alleging Misconduct Not Maintainable: Kerala High Court

Case Title: Mathew Z Pulikunnel v Chief Justice of India

Citation: 2022 LiveLaw (Ker) 135

The Court recently upheld a Single bench decision that dismissed a couple of petitions seeking the constitution of an In-House Committee to probe into the alleged judicial misconduct against two judges. While dismissing a couple of appeals, the Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P held that the In-House Inquiry was not a 'law' for a litigant to ask for its enforcement.

2. Kerala High Court Quashes Proceedings Against K.P Sasikala In Sabarimala Violence Case

Case Title: K.P. Sasikala v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 136

The Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women in Sabarimala temple in 2018. The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for the damages caused. Justice K Haripal allowed Sasikala's plea to quash all the proceedings against her, finding no legal evidence to inculpate her in the crime of abetting the unlawful assembly.

3. 'Courts Can't Trench & Pick Holes In The Academic Pasture' : Kerala High Court Dismisses Plea Moved By 92 MBBS Students

Case Title: Aravind TR & Ors. v Kerala University of Health Sciences

Citation: 2022 LiveLaw (Ker) 137

It was reiterated that courts should steer away from replacing their views in the place of expert opinion in academic matters. Justice Raja Vijayaraghavan V observed that it is not the domain of courts to trench in the academic pasture and pick holes in it and that it is better to give preference to the opinion of experts in the field in such matters.

4. Quashing Moral Policing Cases On Settlement Sends Wrong Message To Public : Kerala High Court

Case Title: Muhammed Nazar & Ors. v State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 138

The Court recently ruled that moral policing is an offence that involves mental depravity and that such cases cannot be quashed on the ground of settlement between the accused and complainant. Justice K. Haripal was adjudicating upon a case in which a violent mob had attacked an unarmed man for taking a woman belonging to a different community in his car.

5. Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Case Title: P.T. Philipose & Anr. v. Sunil Jacob & Ors.

Citation: 2022 LiveLaw (Ker) 139

The Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in the plea was purely a business transaction between the son-in-law and father-in-law, and hence held that it cannot be termed as circumstances arising out of a marital relationship.

6. 'Nothing Short Of Ridiculing Their Powers': Kerala High Court Denies CBI Probe For Not Approaching Statutory Authorities First

Case Title: Western Ghats Protection Council v Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 140

The Court dismissed a Public Interest Litigation (PIL) filed by Western Ghats Protection Council seeking a CBI enquiry into the allegedly illegal financial dealings of Kenza Holdings under the guise of a Villa Project. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly refused to entertain the plea noting that the petitioner society had not approached the relevant statutory authorities prescribed by law before seeking an investigation by the CBI.

7. 'A Clear Case Of Injustice': Kerala High Court Directs Post-Office To Disburse Domestic Help's Deposit With Full Interest, Imposes 5K Cost

Case Title: Saroja v. Postmaster & Ors.

Citation: 2022 LiveLaw (Ker) 141

The Court directed the post-office authorities to disburse the amount deposited by a domestic help under the time deposit scheme with full interest till the date of withdrawal within a month. Finding it to be a case of injustice, Justice P.V. Kunhikrishnan also imposed a cost of Rs. 5000 on the authorities as litigation cost while adding that the constitutional court cannot be a silent spectator in such situations.

8. Assessee's Recourse To Constitutional Provisions Not A 'Proceeding Under Income Tax Act' : Kerala High Court

Case Title: Udaya Sounds v. Principal Commissioner of Income Tax & Ors.

Citation: 2022 LiveLaw (Ker) 142

The Court ruled that a Special Leave Petition filed by an assessee under Article 136 of the Constitution of India cannot be regarded as a proceeding under the Income Tax Act. Justice Bechu Kurian Thomas held that while an assessment, appellate, and even revisional proceeding qualify as "proceedings under this Act', one instituted under the Constitution did not.

9. Kerala High Court Issues Directions For Handling Applications Of Accident Victims Or Their Dependents Under Employees Compensation Act

Case Title: Suo Motu v. State of Kerala

Citation: 2022 LiveLaw (Ker) 143

The Court issued guidelines to be followed by the concerned authorities while dealing with applications filed by accident victims or their dependents seeking compensation under the Employees Compensation Act, 1923. While disposing of a suo motu petition, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly accepted the report submitted by the Kerala State Legal Services Authority wherein it had suggested a few mechanisms to establish a proper system for effective consideration of such applications.

10.  Persons Who Purchased A Portion Of Paddy Land After Commencement Of Act Can't Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent

Case Title: Sabeena E.K v. District Collector & connected matters

Citation: 2022 LiveLaw (Ker) 144

The High Court held that owners of a portion of a paddy field who purchased it after the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 are not entitled to reclaim it for the purpose of residential use. As such, a Full Bench of Chief Justice S. Manikumar, Justice Shaji P Chaly and Justice Sathish Ninan overturned the Division Bench decision in Yousuf Chalil v.State of Kerala [2019 (4) KLT 33].

11. 'Unfortunate That Father-Daughter Can't Walk On Public Road Without Being Subjected To Lewd Comments': Kerala HC Denies Pre-Arrest Bail To Accused

Case Title: Shajimon V. v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 145

The Court denied anticipatory bail to a man who was accused of injuring a father for questioning him and the other accused for passing lewd comments about his minor daughter. While hearing the matter, Justice Gopinath P. orally remarked that such incidents of father and daughter being subjected to lewd comments while walking on a public road were unfortunate.

12. Sexual Harassment At Workplaces| Kerala HC Calls For Prompt Re-Constitution Of Local Complaints Committee Under POSH Act Upon Expiry Of Its Term

Case Title: Ukkash A v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 146

While dealing with a Public Interest Litigation (PIL), the Court directed the concerned authorities to take steps to reconstitute the Local Complaints Committee established under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, whenever its term expires. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly disposed of a PIL noting that the provisions of the Act were to be strictly implemented.

Other Developments:

13. Explain Delay In Appointment Of Chief Investigating Officer At Police Complaint Authority: Kerala High Court To State

Case Title: Jaffer Khan v. State of Kerala & Ors

The Court asked the State to explain its delay in appointing a Chief Investigating Officer at the State Police Complaints Authority despite several extensions granted to it. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly disagreed with the submission of the State that it had taken prompt steps to implement the previous directions of the Court in this matter.

14. Diesel Price Hike For Bulk Purchasers: Kerala High Court Denies Interim Relief To KSRTC

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

The Court refused to grant interim relief on the plea moved by 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. Justice N. Nagaresh directed the Oil Marketing Companies to file a statement explaining the present pricing mechanism by the next posting date. The matter will be taken up again on April 4.

15. Kerala High Court Reserves Order On Plea Seeking CBI Probe In RSS Worker's Murder

Case Title: Arshika S. v. State of Kerala

The Court reserved its verdict on the preliminary objections raised in the plea seeking to hand over the investigation involving Rashtriya Swayamsevak Sangh (RSS) worker Sanjith's murder, who was hacked to death in November last year, to the Central Bureau of Investigation (CBI). Justice K. Haripal noted that it had already expressed its view that this is a matter to be investigated by CBI. The observations came in a plea filed by the RSS worker's wife seeking to hand over the case to CBI.

Also Read: KHCAA To Consider Resolution Seeking Constitution Of Internal Committee To Redress Sexual Harassment Grievances Of Women Lawyers

16. 'Not Afraid Of Any Political Colour' : Kerala High Court After State Holds All-Party Meeting To Remove Illegal Flag Masts

Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendant of Police

The High Court said that it was not intimidated by any political party after the State finally took a stance on the erection of flag poles and advertisements in public places after repeated court orders. Justice Devan Ramachandran orally observed that the city of Kochi underwent a substantial transformation after its intervention while clarifying that such orders were passed in the public interest and not to favour any political party.

17. Plea In Kerala High Court Seeks Practical Training & Internships For Indian Students Pursuing MBBS From Chinese Universities

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

The Court will consider a plea filed on behalf of 92 foreign medical students studying in different universities in China seeking a direction to the concerned authorities to provide them with practical training and internship facilities in India till the travel restrictions to China are lifted. Justice N. Nagaresh admitted the matter today while posting it on March 30 for further consideration.

Also Read: Kerala High Court Holds Reference To Condole Demise Of Former CJI Ramesh Chandra Lahoti

18. Kerala High Court Restrains 5 BPCL Trade Unions From Participating In Upcoming Nationwide Strike On March 28, 29

Case Title: Bharat Petroleum Corporation Ltd v. Cochin Refineries Employee's Association & Ors.

The Court restrained five trade unions in the Bharat Petroleum Corporation Limited (BPCL), Kochi, from participating in the nationwide strike called by a joint forum of trade unions which has been scheduled to take place on March 28 and 29. Apart from issuing an interim order, Justice Amit Rawal also issued notice to the respondents in the matter before admitting it.

Also Read: CBI Registers FIR To Probe Kerala Advocates Welfare Fund Scam