Kerala High Court Weekly Round-Up: November 7 To November 13, 2022

Nominal Index [Citations 571-587]

Sree Sankaracharya University of Sanskrit and Anr. v. Divyata Nedungadi alias Divya Balakrishnan and Anr. 2022 LiveLaw(Ker) 571

S. Rajeev Kumar v. The Director, Central Bureau of Investigation 2022 LiveLaw (Ker) 572

State of Kerala & Ors v. M.V. Dines & Anr. 2022 LiveLaw (Ker) 573

NG v. AKG & Ors.  2022 LiveLaw (Ker) 574

Ramsiyamol R S v. State of Kerala & Ors. 2022 LiveLaw (Ker) 575

Sebastian Joseph & Anr v. The University of Kerala & Ors. 2022 LiveLaw (Ker) 576

Dr Ferosh M Basheer v. The University of Kerala and Ors. 2022 LiveLaw (Ker) 577

Sreeja Mannangath v. State of Kerala & Anr. 2022 LiveLaw (Ker) 578

Abu Thahir v. State of Kerala and Anr. 2022 LiveLaw (Ker) 579

Nazeem S.R. & Ors. v. Kerala State Road Transport Corporation & Ors. and Kuriakose K.B. & Ors v. State of Kerala & Ors. 2022 LiveLaw (Ker) 580

Cardinal Mar George Alencherry v. Joshi Varghese & Ors. 2022 LiveLaw (Ker) 581

Vishnu M v. State of Kerala & Anr. 2022 LiveLaw (Ker) 582

Dr. Prathibha K. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 583

Jose and Ors. v. State of Kerala 2022 LiveLaw (Ker) 584

Ubaid A.M. v. State of Kerala 2022 LiveLaw (Ker) 585

Gisha Marin Jose v. State of Kerala and Ors. 2022 LiveLaw (Ker) 586

Suo Motu v. State of Kerala & Ors. 2022 LiveLaw (Ker) 587

Orders/Judgments This Week 

UR Category Candidates Can Be Excluded From Selection Process If Statute Disentitles Their Consideration Even In Absence Of Reserved Category Candidate: Kerala HC

Case Title: Sree Sankaracharya University of Sanskrit and Anr. v. Divyata Nedungadi alias Divya Balakrishnan and Anr.

Citation: 2022 LiveLaw(Ker) 571

The Kerala High Court on Thursday observed that Unreserved Category Candidates can be excluded from the selection process itself, if the statute disentitle their consideration for vacancies earmarked for a particular reserved category, even in the absence of suitable candidates.

Division bench consisting of Justice P.B. Suresh Kumar and Justice C.S Sudha said that permitting open category candidates to participate in such selection process will only give them "false hopes".

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

Case Title: S. Rajeev Kumar v. The Director, Central Bureau of Investigation

Citation: 2022 LiveLaw (Ker) 572

The Kerala High Court recently observed that the Central Bureau of Investigation (CBI) is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act. As per Section 24 of the RTI Act, the Act shall not apply to the intelligence and security organisations specified in the Second Schedule, being organizations established by the Central Government or any information furnished by such organizations to that Government. [Information pertaining to allegations of corruption and human rights violations are not exempted.]

Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that as per a notification issued by the Government in 2011, CBI, NIA and National Intelligence Grid are included in the Second Schedule to RTI Act, and therefore, CBI is not liable to furnish any information. "Therefore, it can be seen that once CBI is included in the second schedule in contemplation of Section 24 of the Act, 2005, the said organization is not liable to furnish any information".

Statute 66 Of Calicut University Enables Incumbent In Lower Category To Claim Promotion Only To Immediate Next Higher Grade: Kerala HC

Case Title: State of Kerala & Ors v. M.V. Dines & Anr.

Citation: 2022 LiveLaw (Ker) 573

The Kerala High Court last week ruled that Statute 66 of Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 enables an incumbent in a lower category to claim promotion only to the immediate next grade.

Allowing Kerala government's appeal against a single judge decision, the division bench of Justice P.B. Sureshkumar and Justice C.S. Sudha rejected the argument that promotion need not be from the immediate lower category only and can be effected from any of the lower categories.

[Custody Battle] Children Have Right To Company Of Both Parents, Severing Contact With One Parent Snaps Emotional & Psychological Bond: Kerala HC

Case Title: NG v. AKG & Ors. 

Citation: 2022 LiveLaw(Ker) 574

The Kerala High Court recently reiterated the settled position that while considering custody matters, Court must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of the parents.

The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed that if the child is denied the opportunity to interact with one of the parents, it certainly will cause "snapping of the emotional and psychological bondage". While stating so, the bench took note of the position in Yashita Sahu v. State of Rajasthan (2020) where the Supreme Court held that child has a human right to have the love and affection of both parents. "Just because the parents are at war with each other, does not mean that the child should be denied the care, affection, love or protection of any one of the two parents. A child is not an inanimate object which can be tossed from one parent to the other. Every separation and every re-union may have a traumatic and psychosomatic impact on the child," the SC had said.

Economic Backwardness Or Social Stigma No Reason To Transgress Statutory Prohibition & Grant Permission For Termination Of Pregnancy: Kerala HC

Case Title: Ramsiyamol R S v. State of Kerala & Ors.

Citation: 2022 LiveLaw(Ker) 575

The Kerala High Court on Monday observed that economic backwardness or the possibility of social stigma cannot be a ground for transgressing the statutory prohibition prescribed by the Medical Termination of Pregnancy Act and granting permission for medical termination of pregnancy.

Justice V G Arun observed, "In the absence of any medical reasons referable to the petitioner or the foetus, economic backwardness or possibility of social stigma cannot compel this Court to transgress the statutory prohibition and grant permission for medical termination of pregnancy".

Kerala University First Statutes Imposing Upper Age Limit For Professors Contrary To UGC Regulations, Can't Operate: High Court

Case Title: Sebastian Joseph & Anr v. The University of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 576

The Kerala High Court recently held that when the UGC Regulations on Minimum Qualifications for appointment of Teachers in Universities and Colleges (UGC Regulations 2018) does not impose any upper age limit for the position of Professor, any stipulation in the Kerala University First Statutes 1977 cannot hold to the contrary.

Justice Devan Ramachandran observed, "...when the "UGC Regulations 2018" has deliberately and consciously refused to impose the stipulation of an upper age limit for the purpose of appointment as a Professor, I fail to understand how any such contra - stipulation in the "First Statutes" of the Kerala University, particularly when it was introduced as early as in the year 1986 – much before the "UGC Regulation" were framed - can operate to the detriment of persons like the petitioners".

Candidates Whose 'Interests Would Be Jeopardised' Necessary Party To Cases Challenging Appointment: Kerala High Court

Case Title: Dr Ferosh M Basheer v. The University of Kerala and Ors.

Citation: 2022 LiveLaw(Ker) 577

The Kerala High Court recently observed that in cases filed challenging the selection of a candidate to a post, the persons "whose interests would be jeopardised" by the outcome of the proceedings must also be arrayed as parties to the petition.

The division bench of Justice P. B. Suresh Kumar and Justice C. S. Sudha said: "As such, in a case of this nature, not only candidates whose interests would be affected directly on account of the outcome of the proceedings, but also candidates whose interests would be jeopardised, are necessarily to be arrayed as parties to the writ petition."

Indulging In Similar/ Other Criminal Activity Amounts To 'Supervening Circumstance' For Bail Cancellation: Kerala High Court Reiterates

Case Title: Sreeja Mannangath v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 578

The Kerala High Court on Tuesday reiterated the settled position of law that misuse of liberty granted to an accused person by indulging in similar/other criminal activities, thereby violating conditions imposed in the bail order, would amount to a 'supervening circumstance' in order to their cancel bail.

Justice A. Badharudeen passed the order while considering the petition for cancellation of bail moved by the de facto complainant/petitioner since the accused resorted to disturbing her with an attempt to outrage her modesty and committing overt acts, after his release on bail. "...It has to be held that the accused herein has no respect to the Court order and he has been repeatedly disturbing the defacto complainant in violation of the condition imposed by this Court. Therefore, these are supervening circumstances which would tempt this Court to exercise the power of cancellation of bail", the Court observed.

Kerala High Court Directs Authority Notified By Central Govt U/S 79A IT Act To Record Voice Sample Of Accused For Investigation

Case Title: Abu Thahir v. State of Kerala and Anr.

Citation: 2022 LiveLaw(Ker) 579

The Kerala High Court on Monday reiterated that recording voice sample of accused does not violate his right against self-incrimination under Article 20(3) of the Constitution and directed that the recording and testing of voice samples as part of the investigation be done in a Centre as notified by the Central Government as per Section 79A of Information Technology Act. The provision stipulates that the Central Government may, for the purpose of providing expert opinion on electronic form of evidence before any Court or other authority specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence.

Taking view of this, Justice A. Badharudeen modified the impugned order to the extent it directed the petitioner (accused in an NDPS case) to appear before the Director of All India Radio Station, and ordered him to appear before the Cyber Forensic Division, State Forensics Science Laboratory, as it is the centre notified under Section 79A of IT Act. "...who is the person capable of recording the voice sample of the petitioner? In fact, Section 79A of the IT Act, authorises the Central Government to issue notification in this regard. Therefore, the voice sample also can be collected by the Cyber Forensic Division, State Forensics Science Laboratory, Vellayambalam, Thiruvananthapuram".

Kerala High Court Extends Time For Submission Of Applications By Candidates For KSRTC Reserve Driver Posts

Case Title: Nazeem S.R. & Ors. v. Kerala State Road Transport Corporation & Ors. and Kuriakose K.B. & Ors v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 580

The Kerala High Court on Tuesday extended the time period for submission of applications by the candidates, who had earlier applied for 'Reserve Driver' posts and were included in the rank list prepared by state Public Service Commission, till November 14.

Justice Devan Ramachandran gave the petitioners the liberty to make an application to the competent authority of KSRTC along with the documents and evidence to show that they were included in the old rank list prepared by the PSC. The candidates were earlier required to file such applications before October 26. "If this is done by the petitioners, their claims will be considered by the KSRTC appropriately adverting to all other required criteria as may be satisfied," said the court.

'Just An Accused Before Court Of Law': Kerala HC Rejects Cardinal George Alencherry's Plea For Exemption From Personal Appearance In Trial Court

Case Title: Cardinal Mar George Alencherry v. Joshi Varghese & Ors.

Citation: 2022 LiveLaw (Ker) 581

Observing that when exemption is sought for the first appearance, the standards to be applied should be more stringent, the Kerala High Court on Wednesday dismissed Cardinal Mar George Alencherry's petition seeking exemption from personal appearance in the private complaint cases filed against him before the Judicial First Class Magistrate Court, Kakkanad, for alleged illegal sale of the land belonging to the Church.

Justice Ziyad Rahman A.A. observed that the exemption from personal appearance contemplated under Section 205 Cr.P.C is an exception to the normal rule and subject to the discretion of the court. "...granting an exemption to the petitioner for the first appearance in this case, would send a wrong message to the Society as well. According to the petitioner, he is a religious head required to carry out several functions in various capacities and seeks exemption on that ground. In my view, the position that he holds would not make him entitled to any special privileges when he is brought before a court of law as an accused. The statutory mandate is over and above all the superiority the accused possesses or claims to have, by virtue of his position. Irrespective of his position, he is just an accused before the court of law, who is not entitled to claim any special privilege and is required to face the proceedings just like any other citizen. The provisions of Cr.P.C does not distinguish between ordinary citizens and persons holding superior positions in their religious, political, social, or other institutions".

[Section 85(3) CrPC] Legal Heirs Of Accused Can Approach Court For Release Of Attached Property After Expiry Of Statutory Period: Kerala HC

Case Title: Vishnu M v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 582

Reiterating that there is no absolute prohibition in entertaining an application under Section 85(3) CrPC at the instance of an accused even after the expiry of statutory period, the Kerala High Court recently said that nothing will preclude the legal heir of the accused from submitting an application in this regard when the accused is no more.

Justice Ziyad Rahman A. A. relied upon the court's recent decision in Transsafe Refrigeration Private Ltd. (M/s.) and another v. State of Kerala and another wherein it was held that even after expiry of the said period, an application at the instance of the accused can be entertained. "In the light of the observations made by this Court in the said decision, it is clear that there is no absolute prohibition in entertaining an application at the instance of the accused even after the expiry of the statutory period," the bench said.

Medical Officer Says Asking Clinical Doctors To Select Dialysis Patients For Financial Aid Affects Their Duty, Kerala HC Asks Health Secretary To Decide

Case Title: Dr. Prathibha K. v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 583

The Kerala High Court recently directed State's Principal Health Secretary to decide a medical officer's representation seeking to relieve clinical doctors from the responsibility of participating in meetings of Gram-level Administrative Committees for the purpose of deciding list of beneficiaries eligible for financial assistance for kidney dialysis. The Petitioner alleged that to participate in such meetings, Medical Officers of Primary, Family and Community Health Centres have to abstain from their duties, which in turn adversely affects other ordinary patients. He apprehended that "doctors in the primary, family, and community health centre will be implicated in some criminal case under the prevention of corruption Act for the corruption done by the Panchayath Governing Body in granting and distributing money for the kidney dialysis treatment to in eligible candidates and its misuse." The petitioner thus sought that rather non-clinical doctors be vested with the aforesaid responsibility.

Justice N. Nagaresh has directed the Health Secretary to take appropriate decision in the matter, within a period of two months.

Authority To File Final Report & Grant Sanction To Prosecute Same Under Promotion Of Tree Growth Act: Kerala HC Asks Legislature To Clear Anomaly

Case Title: Jose and Ors. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 584

The Kerala High Court on Tuesday pointed an inconsistency in Sections 9 and 12 of the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 and urged the legislature to clear the same by way of an amendment. Section 9 provides that a person not below the rank of a Forester can seize the trees together with the tools, if the same is found to be in contravention of Section 6 of the Act. Sub-section (3) thereof provides that the Divisional Forest Officer (DFO) is the competent authority to file a final report before the competent Magistrate Court. However, the DFO is also the prosecution sanctioning authority under Section 12 of the Act.

In this light Justice A. Badharudeen observed: "The legislature must apply its wisdom either to designate an officer below the rank of the Divisional Forest Officer to file report as provided under Section 9(3) or the sanctioning authority shall be a person holding the post superior to the post of the Divisional Forest Officer. Such an amendment is inevitable to clear the inconsistency."

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

Case Title: Ubaid A.M. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 585

The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused person.

Justice A. Badharudeen observed, "...a mere re-production of the application or request of the Investigating Officer by the Public Prosecutor in his report, without demonstration of the application of his mind and record of his own satisfaction would not render his report as the one envisaged under Section 36-A(4) of the Act. Similarly, in the report, the Public Prosecutor shall narrate the progress of investigation and the specific reason for the detention of the accused beyond 180 days".

Kerala Service Rules | Govt Cannot Summarily Reject Employees' Leave Application Under Rule 91A For Pursuing PhD: High Court

Case Title: Gisha Marin Jose v. State of Kerala and Ors.

Citation: 2022 LiveLaw(Ker) 586

Questioning the government's decision to not grant leave to its employees under Rule 91A of Part I Of Kerala Service Rules for pursuing PhD, the Kerala High Court on Monday said the State cannot summarily reject a leave application for Doctoral or Postdoctoral Research.

Justice Devan Ramachandran rejected the government's argument that a general decision has been taken to not extend leave under Rule 91A to PhD candidates.

Extend Proper Facilities To Sabarimala Pilgrims During Mandala-Makaravilakku Festival: Kerala HC To Devaswom Boards

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

Citation: 2022 LiveLaw (Ker) 587

The Kerala High Court on Thursday directed the Travancore Devaswom Board and the Cochin Devaswom Board to ensure that proper facilities are provided to Sabarimala pilgrims in the temples under their management during Mandala-Makaravilakku festival season of 1198 ME (2022-23). "The Temple Advisory Committees of those temples, which are identified as Sabarimala Edathavalams, and also other temples which are identified by the concerned Devaswom Board to provide facilities to Sabarimala Pilgrims during Mandala-Makaravilakku festival season, shall render necessary assistance to the concerned Sub Group Officer/Devaswom Officer in providing proper facilities to Sabarimala pilgrims in the respective temples," said the court.

The division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar also directed Guruvayur Devaswom Managing Committee to ensure that proper facilities are provided to the Sabarimala pilgrims in the Guruvayur Sree Krishna Temple.

Other Significant Developments

Plea In Kerala HC Challenges Magistrate's Order, Seeks Police Probe Into Alleged Attack On Governor In 2019

Case Title: Adv. K.V. Manoj Kumar v. State of Kerala & Anr.

A lawyer has filed a petition before the Kerala High Court against a judicial magistrate's decision to not order investigation on a Section 156(3) CrPC complaint related to the alleged heckling of Governor Arif Mohammed Khan during a conference at Kannur University in December 2019.

Since the police had earlier allegedly not acted on his complaint, the complainant in September moved an application before the judicial magistrate. However, according to the petition filed before the high court, instead of ordering investigation, the judge posted the case for recording the sworn statement of the petitioner.

Kerala High Court Refuses To Stay Governor's Order Appointing Ciza Thomas As KTU's VC-in-charge

Case Title: State of Kerala v. The Chancellor, APJ Abdul Kalam Technological University & Ors.

The Kerala High Court on Tuesday refused to stay Governor Arif Mohammed Khan's order appointing Ciza Thomas, the senior joint director of the directorate of technical education, as Vice Chancellor in-charge of the APJ Abdul Kalam Technological University (KTU).

Justice Devan Ramachandran issued notice to Khan, who is chancellor of the university, and Thomas on the petition moved by the state government. The UGC was also suo motu impleaded as a respondent in the matter. In the plea filed through Senior Government Pleader V. Manu, it has been argued by the State that Thomas's appointment by the Chancellor is not in conformity with the provisions of the APJ Abdul Kalam Technological University Act, 2015.

Kerala Governor's Senior Legal Advisor & Standing Counsel Resign Amid Frequent Legal Battles With State Government

Amid Governor Arif Mohammed Khan's increasing legal battles with the Kerala government and Vice Chancellors of state universities, the counsel representing the Governor in Kerala High Court have resigned from their positions. Senior Advocate Jaju Babu, who was appointed as Kerala Governor's Legal Advisor in 2009, and Advocate M.U. Vijayalakshmi, the Standing Counsel of the Chancellor of the state universities, tendered their resignations to Khan on Tuesday. Khan is the Chancellor of the state universities.

"For reasons known to you also, the moment has come for me to vacate my position. Thank you so much for the opportunities for professional and personal development that you have provided me as Honorary Legal Advisor, during your tenure also," the resignation letter addressed by Babu to the Governor, reads.

Plea In Kerala High Court Seeks CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Seeking List Of CPI(M) Workers For Appointments

Case Title: G. S. Sreekumar v. State of Kerala and Others

An Ex-Councillor of the Medical College Ward in Thiruvananthapuram Municipal Corporation, G. S. Sreekumar, has moved the Kerala High Court seeking CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI(M) party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.

In the petition moved through Advocate K. R. Rajkumar, it has been alleged that the Mayor Rajendran and the LDF Parliamentary Party Secretary D.R. Anil, who belongs to the ruling party, had requested the CPI(M) Party District Secretary to provide the list of party members for appointment to various posts in the Health Division of the Municipal Corporation.

Kerala HC Issues Notice To Thiruvananthapuram Mayor In Plea For CBI Probe Into 'Letter' Seeking List Of CPI(M) Workers For Appointments

Case Title: G. S. Sreekumar v. State of Kerala and Others

The Kerala High Court on Thursday issued notice to Thiruvananthapuram Mayor Arya Rajendran and LDF Parliamentary Party Secretary D.R. Anil in the plea moved seeking CBI or judicial investigation into the purported letter seeking a list of CPI(M) party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.

Justice K. Babu sought response only from the private respondents at this stage. "Let them file their response because allegations are filed against them", the court said.

Kerala High Court Permits MLA Eldhose Kunnappilly's Counsel To Peruse Case Documents Including Victim's 164 Statement

Case Title: State Of Kerala v. Eldose Kunnapilly

Hearing a petition seeking cancellation of the order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder, the Kerala High Court on Thursday permitted his counsel to examine the documents, including Section 164 CrPC statements of the victim, in the presence of the Court officer on Monday.

Justice Kauser Edappagath also extended the interim order passed earlier this month directing the accused to appear before the investigating officer every day at 9 AM and cooperate with the investigation till the next posting date.

Kerala High Court Directs State Govt To Formulate Plan For Future Payment Of KSRTC Employees' Salaries

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

The Kerala High Court on Thursday directed the State Government to come up with a plan as regards the future payment of salaries of the employees of the Kerala State Road Transport Corporation (KSRTC).

Justice Devan Ramachandran also expressed hope that the KSRTC in the future would be self-sufficient to meet its expenditure. "Until the prior commitments of the KSRTC through loans are properly settled, their chances of becoming self sufficient are remote," observed the court. 

A City Where Pedestrians Cannot Walk Is Virtually Worthless: Kerala High Court Directs Police To Ensure No Parking Of Vehicles On Footpaths

Case Title: Pauly Vadakkan v. Corporation of Cochin

In a matter related to the road safety, the Kerala High Court on Thursday delved into the issue of overhanging cables, footpath maintenance, and reckless driving by vehicles, particularly private buses.

Justice Devan Ramachandran, observed: "As the Court has been saying earlier, the concept of maintenance of roads has assumed larger proportions, and we are concerned with road safety as an umbrella of issues".

Consumer Forum In Kerala Directs Apple India To Compensate BCA Student For Defective MacBook

Case Title: S. Mahendranadh v. Apple India Pvt. Ltd. & Ors.

The Consumer Disputes Redressal Commission, Alappuzha, recently directed Apple India to pay a compensation of Rs. 36,500/- to a 20 years old BCA student, who was sold a defective Apple Macbook. The device costed over Rs. 2 lakhs and came with a one year warranty. The compensation was determined at the rate of Rs 500/- per day he was not provided an alternate laptop/ refund while his defective Macbook was sent for repair at the authorized service centre.

The Commission presided by President S. Santhosh Kumar and Member, C.K. Lekhamma observed, "If a person is purchasing product by spending such huge amount he is expecting best functioning from the product. Here in this case though the product was purchased on 19/3/2021 on 6/1/2022 it became defective...It is to be remembered that PW1 (complainant) was studying for BCA and laptop was must to perform the studies."

High Court Directs Kochi Corporation To Act Against Citizens, Commercial Establishments Dumping Plastic/ Garbage In Stormwater Drains

Case Title: Treasa K.J. v. State of Kerala and Other Connected Cases

The Kerala High Court on Friday expressed strong displeasure at the practice of citizens dumping waste and garbage in stormwater drains which contributes to the issue of flooding in Kochi city. It therefore directed the District Collector and Cochin Corporation to act against the disconcerting state of affairs.

Single bench of Justice Devan Ramachandran cautioned all commercial establishments and citizens that any such acts would be treated as an "affront" to the directions of the Court and will be proceeded against under every statute, civil or criminal. It observed, "One fails to understand how the citizens dump every type of garbage, including plastic into the stormwater drains, and going by the available reports, this is even being done by commercial establishments and hotels. Unless the fear of law is thrust into all of them by the authorities by taking the most stringent action, it can never be controlled, and it will be a continuing saga".