Kerala High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 340-353]

Dhanya & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 340

R Baji v Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 341

Jeyaprabha R. v. CBI & connected matters, 2022 LiveLaw (Ker) 342

M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors, 2022 LiveLaw (Ker) 343

Sivalal v. State of Kerala and connected matters, 2022 LiveLaw (Ker) 344

Martin @ Jinu Sebastian and Anr. V. State of Kerala, 2022 LiveLaw (Ker) 345

State of Kerala & Ors. v. Manager & Ors, 2022 LiveLaw (Ker) 346

Arshom P.M v. State of Kerala & Ors, 2022 LiveLaw (Ker) 347

Government of Kerala V. Waves Electronic (P) Ltd, 2022 LiveLaw (Ker) 348

Monson Mavunkal v. State of Kerala & Anr, 2022 LiveLaw (Ker) 349

Kerala State Co-operative Bank Ltd v. S. Viswanathamallan & Anr, 2022 LiveLaw (Ker) 350

Sreejith T.R v. State of Kerala, 2022 LiveLaw (Ker) 351

Kerala Christian Professional College Management & Ors v. State of Kerala & Ors, 2022 LiveLaw (Ker) 352

Case Title: M. Baburaj v. State of Kerala, 2022 LiveLaw (Ker) 353

Judgments/Orders This Week

Licence Under Places Of Public Resort Act Is Compulsory To Run A Gym: Kerala High Court

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

Citation: 2022 LiveLaw (Ker) 340

The Kerala High Court ruled that a licence under the Kerala Places of Public Resort Act, 1963 is necessary for starting and functioning a gymnasium in the State as long as the Act remains in force. Justice P.V. Kunhikrishnan thereby directed the State to instruct all Municipalities, Corporations and Panchayats to send notices to the gyms in the State functioning without a license within 3 weeks.

Also Read: 'Only God Can Save These Types Of Lawyers': Kerala High Court After Advocate Argues Against Interest Of His Client

Consider Modernising Toilets, Wash Areas: Kerala High Court Suggests Launching 'Back To KSRTC Movement'

Case Title: R Baji v Kerala State Road Transport Corporation & Ors.

Citation: 2022 LiveLaw (Ker) 341

The Kerala High Court recommended that the Kerala State Road Transport Corporation (KSRTC) be updated with modern facilities to restore public faith in the Corporation, thereby augmenting its revenue. Justice Devan Ramachandran suggested that the KSRTC should begin by improving its facilities such as toilets and wash areas and called this process the 'Back to KSRTC movement'.

Advocates' Welfare Fund Scam: Kerala High Court Denies Pre-Arrest Bail To 7 Accused

Case Title: Jeyaprabha R. v. CBI & connected matters.

Citation: 2022 LiveLaw (Ker) 342

The Kerala High Court denied anticipatory bail to seven accused in the scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund. Justice K. Babu refused pre-arrest bail to the accused pointing out that this could tamper with the ongoing investigation in the matter.

Establishments In Notified Industrial Areas Exempted From Obtaining Building Permit From Local Bodies: Kerala High Court

Case Title: M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors.

Citation: 2022 LiveLaw (Ker) 343

The Kerala High Court recently held that undertakings being established or proposed to be established in notified industrial areas shall be exempted from obtaining any type of permits from Municipalities or Grama Panchayats for such construction. Justice Shaji P. Chaly added that such exemption is provided to promote industries in the State and to facilitate an easy mechanism to start such establishments without being encumbered by legal complexities.

'Another Life Lost, Yet Another Prosecution Fails': Kerala High Court Acquits 13 RSS Workers In Vishnu Political Murder Case

Case Title: Sivalal v. State of Kerala and connected matters.

Citation: 2022 LiveLaw (Ker) 344

The Kerala High Court acquitted 13 Rashtriya Swayamsevak Sangh (RSS) activists who were booked and sentenced by a trial court for the political murder of CPI(M) activist Vishnu. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran acquitted the workers observing that the prosecution case reeked of a deliberate attempt to tutor witnesses, collect evidence and define a scripted story.

Person Driving Without License Has Knowledge That Act Likely To Cause Death: Kerala HC Refuses To Modify Conviction From S.304 To 304A IPC

Case Title: Martin @ Jinu Sebastian and Anr. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 345

The Kerala High Court has held that when there is knowledge to the accused that the act he has done is likely to cause the death of a person and with the said knowledge he does the act and in consequence thereof the person dies, it will fall under Section 304 Part II IPC. Justice A Badharudeen, while distinguishing between offences falling under Section 304A and Section 304 Part II IPC observed that when intent or knowledge is the direct motivating force of the act, Section 304A of IPC has to make room for the graver and more serious charge of culpable homicide.

State Not Obliged To Pay Salary To Teachers Whose Appointments Are Void Ab Initio: Kerala High Court

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

Citation: 2022 LiveLaw (Ker) 346

The Kerala High Court ruled that the State government is not obliged to pay salary to teachers who were appointed in violation of the Kerala Education Rules and the Kerala Education Act. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha held that if the appointment defies the law, it is the Manager who is responsible and the Government has no obligation to pay salary to the teacher.

Kerala High Court Denies Default Bail To SFI Leader Saying He Got Involved In 12 Crimes While On Regular Bail

Case Title: Arshom P.M v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 347

The Kerala High Court denied bail to the State Secretary of Students' Federation of India (SFI) who was taken into custody for violation of bail conditions imposed on him. He had allegedly got himself involved in 12 crimes while he was out on bail. Justice Viju Abraham dismissed the bail plea finding that he was not entitled to statutory bail merely because the charge sheet was yet to be filed since the case did not come under the purview of Section 167(2) CrPC.

Promissory Estoppel Can't Be Invoked For Enforcement Of Promise Contrary To Law: Kerala HC Sets Aside Order Allowing 10-Yrs VAT Exemption To SEZ Unit

Case Title: Government of Kerala V. Waves Electronic (P) Ltd.

Citation: 2022 LiveLaw (Ker) 348

The Kerala High Court recently reversed a judgment passed by a single judge bench allowing a ten-year VAT exemption claimed by SEZ unit relying on the Kerala Industrial Policy 2009, applying the principle of promissory estoppel as per the ratio of Nestle India Ltd. and Llyod Electric and Engineering Ltd. A Division Bench of Justice S. V. Bhatti and Justice Basant Balaji opined that the rule of promissory estoppel cannot be invoked for the enforcement of a promise contrary to law or outside the authority or power of the government or person making that promise.

Kerala High Court Denies Bail To Monson Mavunkal In Sexual Assault Cases

Case Title: Monson Mavunkal v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 349

The Kerala High Court dismissed the bail applications moved by infamous fake antique dealer Monson Mavunkal in a batch of cases where several women have accused him of sexually abusing them. Justice Bechu Kurian Thomas dismissed the bail application finding find force in the contention of the prosecution that there is a possibility that he may influence the witnesses if released on bail.

Also Read: Kerala High Court Reserves Verdict In Monson Mavunkal's Bail Pleas In Sexual Assault Cases

Provision Enabling Employee To Get Higher Gratuity Prevails Over One That Limits The Gratuity Amount: Kerala High Court

Case Title: Kerala State Co-operative Bank Ltd v. S. Viswanathamallan & Anr

Citation: 2022 LiveLaw (Ker) 350

The Kerala High Court reiterated that the provision in the Payment of Gratuity Act which enables an employee to opt for better terms of gratuity would prevail over the provision in Kerala State Co-operative Societies Act that limits the amount payable as gratuity. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P added that when two choices are available, the employee cannot be denied the right to receive those higher benefits.

Kerala High Court Grants Bail To Actor Sreejith Ravi In POCSO Case With Conditions

Case Title: Sreejith T.R v. State of Kerala

Citation: 2022 LiveLaw (Ker) 351

The Kerala High Court granted bail to Malayalam actor Sreejith Ravi in a POCSO case registered against him for allegedly exhibiting nudity in front of children. After perusing the records and medical certificates, and having regard to the fact that he has been in custody since last week, Justice Bechu Kurian Thomas allowed the bail application noting that his continued detention was not warranted.

Scholarship Amount To Be Directly Remitted To College Management's Bank Account For Students With A Larger Family Income: Kerala High Court To Govt

Case Title: Kerala Christian Professional College Management & Ors v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 352

The Kerala High Court recently asked the State to remit the Scholarship amount to the students with an Annual Family Income below Rs.2,50,000/- into their designated accounts and to ensure that this amount is paid by them into the accounts of the Colleges/Managements within a one week or so. Justice Devan Ramachandran also clarified that the amount shall be directly remitted to the account of the management or the college for students with a larger family income.

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Case Title: M. Baburaj v. State of Kerala

Citation: 2022 LiveLaw (Ker) 353

The Kerala High Court held that the production of a succession certificate is mandatory as per Section 214(1)(b) of the Succession Act when the decree-holder dies in cases where the decree amount comes under the category 'debts' or 'securities'. Justice A Badharudeen further added that when the decree-holder dies after the deposit has been made, an exemption is made for the production of a succession certificate.

Other Significant Developments

Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case

The survivor in the 2017 actor sexual assault case has filed an objection before the Kerala High Court against the impleading petition filed by actor Dileep in her plea where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case. In her objection, the survivor has contended that the plea was filed to prevent any interference of the actor in the ongoing investigation and that impleading him in the petition would defeat the entire purpose of the case.

Kerala High Court Directs State To Inform Steps Taken To Complete Revival Of Mullassery Canal

The Kerala High Court directed the Special Government Pleader to inform the court about the steps taken at the behest of the Secretary of the Water Department to complete the revival of Mullassery Canal, including the manner in which the work has to be completed and the additional funds required for the same. Justice Devan Ramachandran opined that any delay in the completion of the canal work would create immeasurable trouble for the citizens, more so because of the fact that the KSRTC bus stand is nearby.

Actor Assault Case| Crime Branch Approaches Kerala High Court Seeking 3 More Weeks To Wind Up Probe

The Crime Branch has moved the Kerala High Court seeking another three weeks extension to conclude the further investigation in the 2017 sexual assault case. The time extension petition has attached a copy of the report received from the Forensic Science Laboratory (FSL) which discloses compelling evidence suggesting that the memory card allegedly containing the visuals of the crime was accessed three times while it was in the custody of the trial court.

Also Read: Dileep Files Objection Against Prosecution's Plea Seeking Extension Of Time To Complete Further Investigation

Also Read: Kerala High Court Asks Prosecution To Collect & Submit Cloned Copy Of Memory Card In A Sealed Cover Before Trial Court By Monday

Senior Journalist Approaches Kerala High Court Against Conferring IPS Cadre To A Retired Police Superintendent With Alleged Criminal Background

Case Title: G. Vipinan v. Union of India & Ors.

Senior Journalist G. Vipinan has approached the Kerala High Court 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. According to the plea filed through Advocate C. Unnikrishnan, in 2008, the petitioner was brutally attacked and grievously hurt for publishing news against the misappropriation of money by the official of Sales Tax Intelligence. The said official was a close friend of the respondent, and the case was closed against him at the instance of the respondent.