Kerala High Court Weekly Round Up: March 28 To April 3, 2022
Hannah M Varghese
3 April 2022 2:38 PM GMT
Nominal Index [Citations 2022 LiveLaw (Ker) 149 - 159]Chandra Choodan Nair S. v. State of Kerala, 2022 LiveLaw (Ker) 149 M.V. Chackochan & Ors v. Union of India & Ors. & connected matters., 2022 LiveLaw (Ker) 150 Sulaiman v. State of Kerala & Ors., 2022 LiveLaw (Ker) 151 Suo motu v. State of Kerala, 2022 LiveLaw (Ker) 152 Sunil N.S v. State of Kerala, 2022 LiveLaw...
Nominal Index [Citations 2022 LiveLaw (Ker) 149 - 159]
Chandra Choodan Nair S. v. State of Kerala, 2022 LiveLaw (Ker) 149
M.V. Chackochan & Ors v. Union of India & Ors. & connected matters., 2022 LiveLaw (Ker) 150
Sulaiman v. State of Kerala & Ors., 2022 LiveLaw (Ker) 151
Suo motu v. State of Kerala, 2022 LiveLaw (Ker) 152
Sunil N.S v. State of Kerala, 2022 LiveLaw (Ker) 153
Nair Service Society v. State of Kerala & Ors, 2022 LiveLaw (Ker) 154
Udaya Sounds v. Principal Commissioner of Income Tax & Ors., 2022 LiveLaw (Ker) 155
K.A John & Anr v. State of Kerala & Ors., 2022 LiveLaw (Ker) 156
Nisha Haneefa v. Abdul Latheef & Ors., 2022 LiveLaw (Ker) 157
Leelamma Eapen v. District Magistrate & Ors, 2022 LiveLaw (Ker) 158
Vijayakumar v State of Kerala, 2022 LiveLaw (Ker) 159
Judgments This Week
1. Govt Servants Can't Participate In Any Strike; Absence From Work 'Dies Non': Kerala High Court
Case Title: Chandra Choodan Nair S. v. State of Kerala
Citation: 2022 LiveLaw (Ker) 149
The High Court barred the government employees from participating in the ongoing two-day nationwide strike organised by the National Convention of Workers against the policies of the Centre while directing the State to declare dies non on the protest days. It declared that the participation of government servants in the ongoing two-day strike is 'illegal'. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly directed the State to issue directions prohibiting the same while adding that no government servant shall participate in the strike as it was against Rule 86 of the Kerala Government Servants' Conduct Rules, 1960.
Case Title: M.V. Chackochan & Ors v. Union of India & Ors. & connected matters.
Citation: 2022 LiveLaw (Ker) 150
The Court held that the State government was justified in acquiring land in furtherance of its K-Rail SilverLine Project invoking provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). Justice N. Nagaresh observed that the Railways Act, 1989 would not apply to this case since the Silver Line Project was not yet declared as a Special Railway Project by the Centre.
Case Title: Sulaiman v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 151
The Court recently ruled that one cannot prefer an appeal under provide to Section 372 of the Code of Criminal Procedure against a trial court's order, challenging the adequacy of sentence imposed upon the convict. Observing so, a Division Bench of Justice K. Vinod Chandran and C. Jayachandran dismissed a criminal appeal adding that such an appeal can only be preferred by the State under Section 377 of CrPC.
Citation: 2022 LiveLaw (Ker) 152
The Court refused to interfere with a long-standing ritual at the Sree Poornathrayeesa Temple, Thripunithara, where the temple tantri washes the feet of 12 priests. A Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar had taken suo motu cognisance of a news report alleging that in the said Temple, devotees were made to wash the feet of 12 brahmins for the atonement of their sins. However, upon verifying, it was brought out that the news report was incorrect.
5. Actor Sexual Assault Case | Kerala High Court Denies Bail To Prime Accused Pulsar Suni
Case Title: Sunil N.S v. State of Kerala
Citation: 2022 LiveLaw (Ker) 153
The Kerala High Court on Tuesday declined to grant regular bail to Pulsar Suni, the prime accused in the sensational 2017 sexual assault case where a prominent actress was abducted and raped in a moving vehicle pursuant to a conspiracy. Justice P.V. Kunhikrishnan rejected the application noting that bail cannot be granted at this stage. It will convey a wrong signal to the society, the Court said.
Case Title: Nair Service Society v. State of Kerala & Ors
Citation: 2022 LiveLaw (Ker) 154
The Court disposed of the plea filed by Nair Service Society seeking the implementation of the comprehensive survey suggested by the Justice AV Ramakrishna Pilla Commission to ascertain the economically weaker sections (EWS) in the State who are eligible for 10% reservation as per the 103rd Constitutional amendment. Justice P.V. Kunhikrishnan disposed of the petition after the State submitted that owing to its financial state and the aftermath of the Covid pandemic, it was not in a position to implement the said recommendation for a comprehensive survey.
Case Title: Udaya Sounds v. Principal Commissioner of Income Tax & Ors.
Citation: 2022 LiveLaw (Ker) 155
The Court has ruled that the income tax department is not authorized to retain the title deeds seized by them under Section 132 of the Income Tax Act on the ground that a Special Leave Petition filed by the Assessee against the assessment order is pending before the Supreme Court. Justice Bechu Kurian Thomas held that since the Income Tax Act confers the tax authorities the power to retain seized documents beyond the assessment order only till proceedings under the Act are completed, therefore documents seized by the department cannot be retained by them on the ground of pendency of Special Leave Petition (SLP) since an SLP filed under Article 136 of the Constitution of India cannot be regarded as a proceeding under the Income Tax Act.
Case Title: KA John & Anr v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 156
The Court dismissed an appeal moved by Orthodox parishioners against a single-judge order that refused to intervene in the consecration of new catholicos of the Malankara Orthodox Syrian Church without canonically inviting the Patriarch of Antioch. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas refused to interfere with the impugned order noting that there exists no pubic law element in the issue of the consecration process.
9. Family Courts Not To Remain A Neutral Umpire, Can Order Enquiry To Find Out Truth: Kerala High Court
Case Title: Nisha Haneefa v. Abdul Latheef & Ors.
Citation: 2022 LiveLaw (Ker) 157
In a significant decision, the Court has issued a few observations regarding the foundational function of the Family Courts in India, while asserting that a Family Court is not the mirror of an ordinary Civil Court and that it is empowered with inquisitorial powers as well. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas observed that the presiding officer of a Family Court was not expected to remain a neutral umpire while resolving disputes, but was empowered to find out the truth by utilising a fair approach.
Case Title: Leelamma Eapen v. District Magistrate & Ors
Citation: 2022 LiveLaw (Ker) 158
The Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life. Justice Murali Purushothaman held that the Maintenance Tribunal has the jurisdiction and powers to issue directions to the children or relative not to deprive the senior citizen of their earnings so that they can maintain themself.
Case Title: Vijayakumar v State of Kerala
Citation: 2022 LiveLaw (Ker) 159
The Court has quashed the proceedings initiated against a Notary Public who is the 5th accused in the murder of Roy Thomas, one of the series of murders popularly known as the 'Koodathayi murder case' where six members of a family were killed over a span of 17 years by administering cyanide in their food. The petitioner was accused of attesting a forged will deed executed by the deceased's father, thereby joining the criminal conspiracy with the other accused persons.
Other Developments
Case Title: Muralikrishnan v. State of Kerala & connected matters
The Court reprimanded the State government over how it was progressing with the survey in furtherance of its K-Rail Silver Line project and directed it to justify the manner in which the survey stones were being installed by its instrumentalities. Justice Devan Ramachandran raised concern over the ongoing Social Impact Assessment that the authorities were conducting in many parts of the State by installing yellow boundary stones marked K-Rail on them.
Also Read: 'Why Concrete Poles Engraved With 'K-Rail' Used Instead Of Ordinary Survey Stones?' Kerala High Court Raises Further Queries On SilverLine
Case Title: M.K. Uthaman v. State of Kerala
The Court has declined to grant interim relief in the plea challenging the constitutionality of the Kerala Maritime Board (Amendment) Ordinance, 2022. Justice P.V. Kunhikrishnan noted that since only one of the Board members had raised a grievance, the matter could be decided after the vacation while adding that a stay was not necessary for the meantime since the Board was not in existence yet.
Case Title: Suma Devi v. S. Sherla Beegam
Pathanamthitta Municipal Corporation Secretary Sherla Beegam was arrested and produced before the Court in a contempt case for her failure to appear before the court despite being summoned several times. After she was produced, Justice P.V. Kunhikrishnan asked her not to repeat this behaviour in the future and to seek an appeal or review if she was not content with the order passed in the case instead of refusing to cooperate with the Court proceedings.
15. Kerala High Court Reserves Order In Dileep's Plea To Quash FIR In Murder Conspiracy Case
Case Title: P. Gopalakrishnan @ Dileep & Ors v. State of Kerala & Anr.
The Court reserved orders in the plea moved by Dileep to quash the FIR filed by the Crime Branch of Kerala Police against him and five others for conspiring to murder the investigation officials in the 2017 actor rape case, in which Dileep is facing trial as the chief conspirator. Justice Ziyad Rahman A.A extensively heard all the parties in detail over a period of three days before reserving verdict in the case. The Judge said that the order will be delivered within a week. The prosecution has undertaken not to file the final report in this case before that.
16. Nun Rape Case : State Moves Kerala High Court Challenging Bishop Franco Mulakkal's Acquittal
Case Title: State of Kerala v. Bishop Franco Mulakkal
In a much-anticipated move, the State has filed an appeal against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case. The Additional District and Sessions Court in Kottayam had in January acquitted Mulakkal in the case finding the survivor's testimony to be unreliable.
Case Title: State of Kerala v. Devipriya & Ors.
The State government argued before the Court that the concerned pink police officer who harassed a minor girl and her father last year should pay the compensation ordered by the Single Judge. (Pink police is a special women protection squad of Kerala police). The said officer was found guilty of having harassed them in public gaze casting accusations of theft on the duo and the video of the incident had also garnered public attention.
Case Title: XXX v. Union of India
The High Court came across another plea moved by a sexually abused minor girl seeking permission to undergo medical termination of her over 26-week old pregnancy. Justice P.V. Kunhikrishnan disposed of the plea moved by the girl's mother. The Court noted that since the medical report stated that the fetus is 26 weeks of gestational age, free from congenital anomalies with high chances of survival, it was not in a position to order the termination of pregnancy.
