Kerala High Court Annual Digest 2022: Part-II [Citations 223-444]

Kerala High Court Holds State Electricity Board Liable For Death Of Man Electrocuted While Boarding A Bus In Contact With Loose Wire

Case Title: National Insurance Co. Ltd. v. Narayani & Ors.

Citation: 2022 LiveLaw (Ker) 223

The Kerala High Court recently held that when a person dies of electrocution from a hanging electric line touching a vehicle, the Kerala State Electricity Board and its employees are equally liable for negligence apart from the driver of such vehicle. Justice M.R. Anitha held that it is the bounden duty of KSEB and its employees to keep electrical equipment and accessories intact and in the proper position to avoid danger to the public.

Rule 67A Of Kerala Government Servants Conduct Rules Does Not Curtail A Religious Denomination's Right To Manage Its Affairs: High Court

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

Citation: 2022 LiveLaw (Ker) 224

The Kerala High Court recently held that Rule 67A of the Kerala Government Servants Conduct Rules, 1960 does not curtail a religious denomination's right to manage its own affairs available under Article 26(B) of the Constitution of India in any manner. Rule 67A prohibits any Government Servant from being an office-bearer of any communal or religious organisation or of such trust or society. Justice T.R. Ravi observed that what is protected under Article 26 (B) is the right of a denomination to manage its own affairs in matters of religion and not regarding the election of office-bearers.

Kerala High Court Urges State Transport Commissioner To Ensure Motor Vehicles Strictly Follow Safety Standards

Case Title: Principal v. Addl. Registering Authority & Ors.

Citation: 2022 LiveLaw (Ker) 225

The Kerala High Court has directed the Transport Commissioner to take necessary steps to ensure strict compliance with its earlier directions issued in 2019, through the concerned officers of the Motor Vehicles Department against motor vehicles which violate the safety standards in the State. Justice Anil K. Narendran laid particular emphasis on the safety standards relating to lighting, light-signalling devices, vehicles fitted with unauthorised name board, emblem, flag and also multi-coloured red, blue and white lights intended for vehicles on designated emergency and disaster management duties; vehicles used on public places without displaying registration marks appropriately; vehicles pasted with cooling films on safety glass or fitted with sliding cloth curtains.

Kerala High Court Permits Party To Be Assisted By Engineer Of Her Choice During Technical Expert Committee's Inspection Of Damage To Her Property

Inconvenience Of Husband's Power Of Attorney Holder Not A Ground To Deny Transfer Sought For By Wife: Kerala High Court

Case Title: Mini Antony v. Savio Aruja

Citation: 2022 LiveLaw (Ker) 227

The Kerala High Court has established that the inconvenience of the power of attorney holder of the husband in a case before the Family Court (whether male or female) is not a reason to deny the transfer sought for by the wife. Justice A. Badharudeen found that by appointing a power of attorney, a principal appoints an agent to conduct his case and such an agent can be anybody capable of travelling and contesting the case of the respondent for and on behalf of the respondent.

'Consent Can Be Reasonably Deciphered': Kerala High Court Grants Bail To Doctor In Rape Case

Case Title: Dr. Sree Hari N. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 228

The Kerala High Court granted bail to a doctor who was accused of raping another doctor finding that the prima facie evidence shows that it was a consensual relationship. Justice C. Jayachandran held that the question of whether such consent was vitiated by the alleged false promise to marry should be considered by the trial court.

No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court

Case Title: Ratnamani George & Ors. v. Authorised Officer

Citation: 2022 LiveLaw (Ker) 229

The Kerala High Court observed that when the notice of sale based on which the parties bid for property has been set aside, it can be presumed that there is no valid sale under the law. Justice Bechu Kurian Thomas thereby dismissed the plea which had sought a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount.

'No Legitimate Expectation': Kerala High Court Dismisses Private Bus Operators' Plea For Extension Of Tax Exemption Granted During Covid-19

Case Title: Vakiyath Koya & Ors. v State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 230

The Kerala High Court dismissed a batch of petitions moved by private bus operators seeking an extension of the tax exemption granted to them owing to the Covid-19 pandemic in 2020-2021. "Since exemption from payment of tax was granted for reasonable periods, it cannot be said that despite the restrictions and regulations brought in due to Covid-19 pandemic, the Government had not considered the plight of the stage carriage operators and contract carriage operators."

Flooded Roads & Blocked Canals: Kerala High Court Calls For Strict Action Against Discarding Garbage In Drains

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

Citation: 2022 LiveLaw (Ker) 231

The Kerala High Court directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains, aggravating the flooding of roads and causing blockage of drains in the State. Justice Devan Ramachandran began the interim order with an observation that as much as the Court did not desire to control the management of the drains or the flood mitigating systems in the city regularly, it was forced to do so because of the large scale inundation witnessed due to the rains.

Kerala High Court Quashes BPCL's Order Barring Employees From Enrolling In Post-Retirement Medical Scheme

Case Title: Saju A.R. & Ors. v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 232

The Kerala High Court has recently directed Bharat Petroleum Corporation Limited (BPCL) to continue to provide the Post Retirement Medical Benefit Scheme (PRMBS) to employees with less than 15 years of service in accordance with the long-term settlement. Justice Sunil Thomas thereby quashed a notification issued by the BPCL in the form of an administrative order to the extent it deprives the benefit of the medical scheme to those who have not completed 15 years.

Ensure Upcoming PFI March Ignites No Law & Order Problems In Alappuzha: Kerala High Court Directs District Police Chief

Case Title: R.Ramaraja Varma v. State of Kerala

Citation: 2022 LiveLaw (Ker) 233

The Kerala High Court directed the District Police Chief of Alappuzha to ensure that no law and order problems surface at the 'Jana Maha Sammelanam' proposed to be conducted by the Popular Front of India (PFI) this Saturday in the district. Justice P.V. Kunhikrishnan admitted the plea and also directed the 5th respondent Police Chief to consider the representation moved the petitioner alleging that unless the programmes scheduled by the PFI and Bajrangdal are prevented, there is every chance for communal clashes in the district.

Also Read: Situation In Alappuzha District Still "Volatile": Plea To Prohibit Upcoming PFI, Bajrangdal Marches, Kerala High Court Seeks State's Response

Issuance Of Summons Is A Prerequisite For Issuance Of Warrant & Notice To Sureties: Kerala High Court

Case Title: Eraj v. State of Kerala

Citation: 2022 LiveLaw (Ker) 234

The Kerala High Court observed that the issuance of summons is a prerequisite for the issuance of a warrant and notice to sureties. Justice Mary Joseph observed that the NDPS Court was unjustified in issuing warrant to the petitioner and notices to the sureties without issuing summons to them first.

Can't Interfere One Day Before Exam: Kerala High Court Dismisses Plea Moved By NEET Candidates Allotted Centres Outside State On Short Notice

Case Title: Aswin Das & Ors. v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 235

The Kerala High Court dismissed a plea preferred by a group of NEET-PG candidates challenging their allotment of examination centres at Hyderabad and Andhra Pradesh on short notice. While finding that it would be improper to hamper with the exam or the exam centres a day before the exam, Justice P.V. Kunhikrishnan also acknowledged the inconvenience caused to the candidates owing to the same.

Sale Notice Issued Under SARFAESI Act Without A 15 Days Clear Notice Is Bad In Law: Kerala High Court

Case Title: E.K. Rajan v. The Authorized Officer, Canara Bank

Citation: 2022 LiveLaw (Ker) 236

The Kerala High Court has ruled that the three methods of serving, affixing and publishing a notice of 15 days for subsequent sales, as provided under Rule 9(1) of the Security Interest (Enforcement) Rules, 2002, is mandatory in nature and the said requirement cannot be tampered with. Justice Bechu Kurian Thomas quashed the sale notice issued under the provisions of the SARFAESI Act on the ground that the statutory requirement of a 15 days clear notice for subsequent sale was not satisfied. The Court held that the said notice of sale was bad in law and the consequent sale was liable to be set aside.

Kerala High Court Grants Interim Anticipatory Bail To Politician PC George In Hate Speech Case

Case Title: P.C. George v. State of Kerala

Citation: 2022 LiveLaw (Ker) 237

The Kerala High Court granted interim anticipatory bail to senior political leader PC George in a hate-speech case over alleged statements against Muslims. A single bench of Justice P Gopinath passed the order, considering the fact that the offences under Section 153A and 295A of the Indian Penal Code are punishable with less than 3 years imprisonment, and that George has been an MLA for over 30 years and is unlikely to abscond.

Kerala High Court Modifies Interim Gag Order Against ReporterTV On Reporting Against Dileep's Brother-In-Law

Case Title: Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors.

Citation: 2022 LiveLaw (Ker) 238

The Kerala High Court recently modified the interim ex-parte gag order against Reporter TV restricting it from publishing/broadcasting/telecasting 'any item' concerning actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for three weeks. Justice Devan Ramachandran and Justice Sophy Thomas vacated the impugned order to the extent to which it has restrained the appellant from reporting 'any item' relating to Suraj noting that the said gag order imposed a restriction that was beyond the reasonableness established in Sahara India Real Estate Corporation Ltd & Ors v. SEBI & Anr by the Supreme Court.

Publicise Toll-Free Number 112 As An Emergency Response Support System For Sexual Assault, Child Abuse Survivors: Kerala High Court

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

Citation: 2022 LiveLaw (Ker) 239

The Kerala High Court on Monday issued a set of suggestions for the State to consider to assist survivors of child abuse or sexual violence, while particularly emphasising the need to take steps to publicize the Toll-Free Number '112' as an Emergency Response Support System. Justice Devan Ramachandran reiterated that the growing number of cases of hapless victims being driven to stages of despondency bears testimony to the suspicion that the measures currently in place are not being implemented properly.

Court Can't Say Who Should Be Given Arjuna Award: Kerala High Court Directs Renjith Maheshwary To Make Representation Before Centre

Case Title: Renjith Maheshwary v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 240

The Kerala High Court on Tuesday disposed of the plea moved by the Olympian national record holder in triple jump Renjith Maheshwary challenging a press release issued by the Secretary, Department of Sports withholding the Arjuna Award previously conferred to him. Justice P.V. Kunhikrishnan asked Maheshwary to submit a representation along with all the documents available with him to the Centre for it to reconsider his grievance within 4 weeks and directed the Centre to decide on the same within 2 months.

Review Committee Declared Guarantors As Wilful Defaulters Without Making Any Distinction Between Borrower And Guarantor: Kerala High Court

Case Title: Ravis Exporters v. Union of India

Citation: 2022 LiveLaw (Ker) 241

The Kerala High Court has held that there was a total lack of application of mind in the order of the Committee of Executives (COE). There was a manifest failure to consider the explanation offered by the borrower/guarantor. The single bench of Justice Bechu Kurian has observed that the Review Committee also failed to consider or assess the order of the COE independently and failed to appreciate the failure to serve the order of COE on the petitioners.

No Quarrying Or Construction Work On Lands Assigned For Cultivation: Kerala High Court

Case Title: Raphy John v. Land Revenue Commissioner & connected matters.

Citation: 2022 LiveLaw (Ker) 242

The Kerala High Court on Wednesday ruled that no quarrying activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of required. Overruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch of petitions moved by filed by the quarry owners and the Stated related to quarrying in lands assigned for rubber cultivation at the State's capital.

NEET-SS: Kerala High Court Orders Fresh Mop Up Rounds For A Vacant Seat At Kottayam Medical College

Case Title: Dr. Parvathy S v. Director General of Health Services & Ors.

Citation: 2022 LiveLaw (Ker) 243

The Kerala High Court on Wednesday issued an interim direction to the Director General of Health Services and Medical Counselling Committee (MCC) to conduct a fresh mop up counselling for the seat of DM Neurology lying vacant in the Kottayam Medical College. This seat had become vacant due to the resignation of a student who had already joined based upon the first round of counselling on getting admission to AIIMS New Delhi within a week.

Donation From Guruvayoor Devaswom Funds To CMDRF Illegal : Kerala High Court Dismisses Review Petitions Filed By State

Case Title: State Of Kerala vs Bijesh Kumar M.

Citation: 2022 LiveLaw (Ker) 244

The Kerala High Court on Thursday dismissed review petitions filed against its judgment which held that Guruvayoor Devaswom Managing Committee has no authority to contribute any amount from the Devaswom Funds to Chief Minister's Distress Relief Fund or to any other Governmental agency. The Full bench comprising Justices Anu Sivaraman, Shircy V. and M.R. Anitha pronounced the judgment today dismissing Review Petitions filed by the State Government.

Credit Notes Not Affecting Input Tax Can't Be Treated As Taxable Turnover: Kerala High Court

Case Title: Saji Thomas Vs Assistant Commissioner

Citation: 2022 LiveLaw (Ker) 245

The Kerala High Court bench of Justice S.V. Bhatti, Bechu Kurian Thomas, and Justice Basant Balaji has held that credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 subsection (iii) Explanation VII of the Kerala Value Added Tax Act. The court observed that the State Legislature has jurisdiction to define and decide the taxable events, turnover, taxable turnover, total turnover, taxable persons, the measure of tax, and the rate of tax under the Act. As part of its policy of imposing compensatory taxes on the above-stated situations, the Legislature, in its wisdom and experience, defines what constitutes a sale price, purchase price, turnover, etc.

'Organizers Responsible': Kerala High Court Directs Police To Take Action Against The Rally Organisers In Light Of Provocative Slogans By Child

Case Title: R.Ramaraja Varma v. State of Kerala

Citation: 2022 LiveLaw (Ker) 246

The Kerala High Court on Friday observed that rally organisers were equally responsible if any controversial remarks/slogans are made during the rally disrupting the peace of the society. Justice P.V. Kunhikrishnan directed the police to take appropriate actions against the rally organizers. The court made the observations in a plea for a prohibition on public conferences, marches, mass drills, and motorcycle rallies in the 'Jana Maha Sammelanam' conducted by the Popular Front of India (PFI) last Saturday in the Alappuzha district.

Kerala High Court Grants Bail To Ex- MLA PC George In Hate Speech Cases

Case Title: P.C. George v. State of Kerala.

Citation: 2022 LiveLaw (Ker) 247

The Kerala High Court on Friday granted bail to Ex- MLA PC George in both hate speech cases. Justice Gopinath has allowed the petitions filed by P.C George with respect to two cases registered by Kerala Police, for alleged anti-Muslim statements made at two separate events held at Thiruvananthapuram and Ernakulam respectively.

Also Read: What Do You Achieve From Custodial Interrogation? : Kerala High Court To Prosecution In Bail Plea Moved By PC George In Hate Speech Case

Also Read: PC George Seeks Regular Bail In Hate Speech Case, Kerala High Court To Consider Today

Scheme For Administration Of SNDP Yogam Should Be Framed As Per Companies Act: Kerala High Court Upholds District Court's Order

Case Title: SNDP Yogam & Anr v. G. Krishnamoorthy & Ors

Citation: 2022 LiveLaw (Ker) 248

The Kerala High Court has upheld the order of the Ernakulam District Court that a scheme for the administration of the Sree Narayana Dharma Paripalana (SNDP) Yogam shall be framed in accordance with the provisions of the Companies Act. A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha dismissed the appeal filed by SNDP Yogam, its general secretary Vellappally Natesan and a few others finding no infirmity in the decision of the district court.

Kerala High Court Upholds NEET- PG Prospectus, Says State Can Decide Incentives To Be Offered To In-Service Candidates

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

Citation: 2022 LiveLaw (Ker) 249

The High Court has dismissed a batch of appeals that assailed the NEET- PG medical prospectus on the ground of incongruity with the Medical Council of India (MCI) Regulations regarding the incentives given to in-service candidates and a connected appeal seeking weightage to service candidates in the open merit quota. Chief Justice S. Manikumar and Justice Shaji P Chaly observed that this was a policy decision of the Government to regulate and meet up with the requirements in the respective departments so as to cater for the needs of the public at large and that the appellants had failed to make out any case of arbitrariness, unfairness, malafides or any other legal infirmities susceptible to have been interfered with by the court.

Kerala High Court Grants Interim Pre-Arrest Bail To Actor-Producer Vijay Babu In Rape Case

Case Title: Vijay Babu v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 250

The Kerala High Court granted interim pre-arrest bail until next posting of the case to Malayalam actor-producer Vijay Babu's plea for anticipatory bail in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas directed so after noting that the actor was willing to submit himself before the jurisdiction of the Court and that he was apprehending immediate arrest from the airport.

Also Read: Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court

Kerala High Court Reunites Lesbian Couple Forcibly Separated By Parents

Case Title: Adhila v Commissioner of Police & Ors.

Citation: 2022 LiveLaw (Ker) 251

The Kerala High Court came to the rescue of a lesbian couple by reuniting them after they were forcibly separated by their parents and family members. A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran allowed the habeas corpus plea moved by Adhila after her partner, Fathima Noora was taken away by her parents.

Case Title: Vasu Kallayi v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 320

The Kerala High Court recently observed that the primary cause of cases stockpiling under the Kerala Conservation of Paddy Land and Wetland Act, 2008 was the ignorance of law and its developments through judicial decisions. Justice P.V Kunhikrishnan thereby set aside orders passed by the Local Level Monitoring Committee and by the Revenue Division Officer, citing unsustainability under the law, while calling the petition a classic example of such ignorance.

Kerala High Court Directs Union Ministry To Pass Expedite Orders On Officers' Deliberate Dereliction Of Duty Under Emblems & Names Act

Case Title: Cheshire Tarzan v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 321

The Kerala High Court has directed the Union Ministry of Consumer Affairs, Food & Public Distribution to pass an appropriate order on the issue of deliberate dereliction of duty by the Inspector Station House Officer, in obeying the mandates of the Emblems and Names (Prevention of Improper Use) Act, 1950. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly noted that the matter was pending consideration before Ministry, before directing the respondents to reach a logical conclusion on the matter without delay.

Actor Assault Case| Kerala High Court Allows Crime Branch's Plea Seeking Forensic Analysis Of Memory Card

Case Title: State of Kerala v. XXX

Citation: 2022 LiveLaw (Ker) 322

The Kerala High Court on Tuesday allowed a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination. Justice Bechu Kurian Thomas accordingly set aside the trial court's order finding that the prosecution only wanted to ascertain certain details that it assumes to be of relevance in the investigation, and not initiate any action.

Delay In Reporting Sexual Offences To Be Viewed Differently, Can't Be Equated With Delay In Other Cases: Kerala High Court

Case Title: XXX v. State Of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 323

The Kerala High Court last week observed that the delay in reporting sexual offences should not be viewed as strictly as in other offences and that it would only become fatal in a case where the authenticity of the prosecution version is uncertain. Justice Kauser Edappagath remarked that this was so because, in a traditional society like ours, it was not reasonable to disbelieve the incident merely because there was a delay in filing the complaint.

Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High Court

Case Title: Sathy & Ors v. Dileep I.S & Ors.

Citation: 2022 LiveLaw (Ker) 324

The Kerala High Court on Friday while allowing an original petition, held that the limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (Amendment) Act 2019, only has a prospective effect. Justice Amit Rawal remarked that otherwise, with the stroke of the amendment, the right available to the injured and the claimants of the deceased person would be taken away.

Kerala High Court Grants Bail To 31 Persons Accused Of Raising Provocative Slogans During PFI Rally

Case Title: Ansar Najeeb & Ors v. State of Kerala

Citation: 2022 LiveLaw (Ker) 325

The Kerala High Court on Tuesday granted bail to 31 accused arrested for allegedly raising provocative slogans to destroy communal harmony and criminally intimidating large sections of the society by threatening to annihilate certain groups in a recent rally conducted by the Popular Front of India (PFI) in Alappuzha. Justice Bechu Kurian Thomas, while allowing the bail application, observed that the investigation was almost complete and that they had been in detention for over a month and the continued detention of the petitioners will not serve any further purpose, despite two accused remaining at large.

Convict Not Allowed To Attend Brother's Funeral: Kerala High Court Grants Him Emergency Leave To Attend Subsequent Religious Rites

Case Title: Akhil P.S v. Director General of Police & Anr.

Citation: 2022 LiveLaw (Ker) 326

The Kerala High Court on Tuesday granted emergency leave to a man undergoing imprisonment to attend the religious rites following his brother's death under special circumstances since he was not permitted to attend the funeral. Justice Ziyad Rahman A. A observed that although Rule 400(1)(i) of Kerala Prisons and Correctional Services (Management) Rules only extends the benefit of emergency leave to attend a funeral ceremony and not for religious rites, the facts and circumstances of the case entitled the convict to emergency leave.

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously

Case Title: State of Kerala & Anr v. Dr. K. Mohamed Akbar & Ors. and connected matters

Citation: 2022 LiveLaw (Ker) 327

The Kerala High Court on Monday set aside the order of the State Administrative Tribunal that directed the State government to enhance the retirement age of doctors in the AYUSH department to 60 years as done for doctors in the Health Department, citing that this was a state policy. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P thereby directed the State to take a decision on the same expeditiously.

CPC | Counter Claim In A Suit Need Not Be Headed By Cause Title: Kerala High Court

Case Title: Bijoy v. Gopinathan & Ors.

Citation: 2022 LiveLaw (Ker) 328

The Kerala High Court recently held that there is no stipulation under the Code of Civil Procedure (CPC) or the Civil Rules of Practice of the State that counter-claims should be headed by a cause title. Justice C.S Dias held so after examining Order VII Rule 1 and Order VIII Rule 6A of CPC and Rules 11 and 15 of the Civil Rules.

S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court

Case Title: Jibin Joseph v. Union Territory of Lakshadweep & Anr.

Citation: 2022 LiveLaw (Ker) 329

The Kerala High Court recently ruled that a Magistrate Court is bound to apply its mind while exercising the powers conferred to it under Section 156(3) of the Code of Criminal Procedure (CrPC). Justice Kauser Edappagath stated that while taking cognizance of offences or ordering an investigation into any cognizable case, courts should not merely forward all complaints they receive like a post office. As such, it was emphasised that the powers under Section 156(3) cannot be exercised casually or mechanically but are required to be exercised judiciously.

Power To Frame & Amend Service Laws Does Not Mean Power To Apply It Differently To Similarly Situated Persons: Kerala High Court

Case Title: State of Kerala v. DR.JOHN PANICKER

Citation: 2022 LiveLaw (Ker) 330

The Kerala High Court has opined that the power of the government to make or amend laws determining the service conditions of its employees cannot confer them the power to apply such laws differently to similarly situated persons. The Division Bench of Justice Jayasankaran Nambiar and Justice Mohammed Nias CP observed that allowing the government to do so would be violative of all cannons of equality enshrined in the Constitution of India.

Kerala High Court Asks State To Ensure Drop Boxes In Schools For Students To Submit Their Complaints Anonymously

Case Title: Faizal Kulappadam @ Faizal N v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 331

The Kerala High Court on Monday directed the Education Department to install drop boxes in all schools in the State for students to submit their grievances and concerns anonymously. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly issued the order finding that circulars issued by the government in this regard had not been implemented in all schools.

Muslim Law | Partition Deed Executed By Mother On Behalf Of Minor Children Acting As Their Guardian Not Valid: Kerala High Court

Case Title: C Abdul Aziz & Ors. v Chembukandy Safiya & Ors.

Citation: 2022 LiveLaw (Ker) 332

The Kerala High Court on Tuesday observed that a partition deed executed by a Muslim mother on behalf of her minor children acting as their guardian is not valid going by the precedents of the Supreme Court. The Division Bench of Justice P. B Suresh Kumar and Justice C.S Sudha observed that while there was nothing in the personal law prohibiting the same, it was bound by the precedents of the Supreme Court which have established that the Muslim mother cannot be the guardian of her minor child's person or property except for movable property.

Can't Interfere With A Transfer Made For Administrative Reasons In Absence Of Malafides: Kerala High Court

Case Title: Akhil M v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 333

The Kerala High Court on Wednesday refused to interfere with the transfer order of a CISFofficial of the Bharat Petroleum Corporation Ltd (BPCL) citing that it was made for administrative reasons. Justice Anu Sivaraman added that it would not be justified to interfere with the same particularly since it was the transfer of a member of a uniformed service when there were no sustainable malafides.

S.60(1)(c) CPC | Decree With Statutory Charge Over Property Akin To A Charge Decree: Kerala High Court

Case Title: Binoy Kurian v. Varkey Joseph

Citation: 2022 LiveLaw (Ker) 334

The Kerala High Court recently, while disposing of two petitions, held that the exemption provided under Section 60(1)(c) of the Code of Civil Procedure is not applicable to a charge decree or decree where there is a statutory charge, over the property. Justice A Badharudeen further opined that there is no reason to differentiate between a charge decree and a decree where a statutory charge is created while considering exemption provided under Section 60(1)(c).

Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court

Also Read: Kerala High Court Allows Bail Plea Moved By CGC Accused Of Sexually Assaulting Colleague

Employee Accused Of Embezzlement Must Be Kept Away From Establishment Till Enquiry Is Completed: Kerala High Court

Case Title: University of Calicut v. Mohamed Sajid T & Ors.

Citation: 2022 LiveLaw (Ker) 336

The Kerala High Court on Thursday held that an employee at the helm of affairs, accused of embezzling money, cannot be reinstated during the pendency of the enquiry and thereby refused to recall the order of suspension. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha added that whether these accusations were baseless or genuine was a matter of enquiry and for that reason, the disciplinary proceedings had to continue uninterrupted without the court's interference.

Motor Accidents | Compensation For Actual Damages Includes Value Of Spare Parts To Be Repaired: Kerala High Court

Case Title: Thomas v. R. Murugasamy

Citation: 2022 LiveLaw (Ker) 337

The Kerala High Court on Thursday, while allowing a motor accident claims appeal, held that in Motor Accident Claims the claimant is entitled to get compensation for 'actual damages', which includes the value of spare parts as well. Justice Badharudeen opined that the claimant is entitled to compensation for the value of spare parts incurred for repairing the vehicle which got damaged as a consequence of the motor accident.

Using Name Of A State For Non-Commercial Establishments Prohibited: Kerala High Court Overrules Single Bench Order

Case Title: Inspector General of Registration & Anr v. Riyasudheen K & Ors.

Citation: 2022 LiveLaw (Ker) 338

The Kerala High Court recently held that a private organisation cannot use the name of a State in its title, irrespective of the profit or purpose for which it is constituted, even if it is a non-commercial organisation going by the Emblems and Names (Prevention of Improper Use) Act, 1950 and the corresponding Rules. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly clarified that the use of name of a particular State is prohibited not only for the purpose of trade or business but also for calling or profession.

Payment Of Gratuity Act| Teachers Come Within The Preview of 'Employee' U/S 2(e): Kerala High Court

Case Title: Cochin University of Science and Technology v. Dr P. V. Sasikumar

Citatiton: 2022 LiveLaw (Ker) 339

The Kerala High Court on Monday while dismissing a petition held that teachers come within the preview of 'employee' as defined under the Payment of Gratuity Act. Justice Murali Purushothaman further clarified that CUSAT, being an educational institution, is an establishment under section 1(3)(c) of the Act.

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.

Registry Not To Accept Hard Copies Of Illegible Documents: Kerala High Court Warns Of Disciplinary Action

Case Title: Ibrahim v. Regional Transport Authority & Ors.

Citation: 2022 LiveLaw (Ker) 354

The Kerala High Court last week cautioned its Registry of disciplinary action if it cleared any document or file that was illegible or if the words are not printed in sufficiently large font. Justice Amit Rawal held so while considering a petition where the font used in a document was as small as '8'. The Judge found that the document was illegible and that the Registry should not have accepted and produced before the Court the hard copy of such documents.

Actor Assault Case: Kerala High Court Directs Crime Branch To Wind Up Further Investigation By 22nd July

Case Title: State of Kerala v. P. Gopalakrishnan alias Dileep & Anr.

Citation: 2022 LiveLaw (Ker) 355

The Kerala High Court on Monday disposed of the plea filed by the prosecution seeking 3 more weeks' time to conclude further investigation in the 2017 Actor Assault Case. Justice Kauser Edappagath denied this request of the Crime Branch, but considering the submission made by the Director General of Prosecution, granted time till 22.07.2022 to submit the Final Report. Initially, the Court had asked the prosecution to conclude the investigation by 15th July.

Kerala High Court Allows Termination Of Minor Rape Survivor's 24 Weeks Pregnancy

Case Title: Y v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 356

The Kerala High Court recently came to the assistance of a minor rape survivor by paving the way for her to undergo medical termination of her pregnancy which was a result of the sexual assault committed on her. In case the newborn is born alive, Justice V.G Arun directed the State and its agencies to assume full responsibility and offer medical support and facilities to the child, if the petitioner was not ready to assume responsibility.

Kerala High Court Initiates Suo Motu Case On Collapse Of Temple Roof During Ceremony

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

Citation: 2022 LiveLaw (Ker) 357

The Kerala High Court recently initiated suo motu proceedings to look into the collapse of a portion of the concrete on the top of the Anakkottil in Valiyakalavoor Temple that fell down during the 'choroonu' ceremony injuring three people, including the mother of the baby. A Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar initiated the suo motu proceeding on the basis of a news item in the Malayalam daily, Mathrubhumi, about three devotees from a family sustaining injuries at the Valiyakalavoor Temple, which is under the management of the Travancore Devaswom Board, when a portion of the roof of the temple collapsed. The Court pulled up on the Devaswom Board for its failure to perform its statutory duty.

Muslims Of All Sects Entitled To Offer Prayers In Any Mosque, Bury Their Dead In Public Burial Grounds: Kerala High Court

Case Title: Elappully Erancheri Jama-Ath Palli & Anr v. Mohammed Haneef & Ors.

Citation: 2022 LiveLaw (Ker) 358

The Kerala High Court recently ruled that every Muslim has the right to offer prayers in any mosque or bury their dead bodies in a public khabarsthan and that this cannot be obstructed merely because they belong to a different sect. A Division Bench of Justice S.V. Bhatti and Justice Basant Balaji was dealing with a petition filed by a wakf arguing that since some of its members had changed to a different sect, they were not entitled to offer prayers and buried their dead bodies in its property.

Man Gets Wrong Product From Flipkart: Kerala High Court Directs Police To Redress His Grievance Within One Month

Case Title: Aby Thomas v. Director General of Police & Ors.

Citation: 2022 LiveLaw (Ker) 359

The Kerala High Court recently directed the concerned District Police Chief to expeditiously resolve the grievance of a petitioner who had received a wrong laptop, delivered to him by Flipkart. Justice Ziyad Rahman A.A disposed of the petition with a direction to the Kottayam Police Chief to take up the petitioner's complaint and redress the matter within a period of one month.

Gross Abuse Of Court's Process: Kerala High Court Dismisses Two Petitions With Exemplary Cost

Case Title: Sanalkumar v. City Police Commissioner, Kollam and others and, Sumith v. Shareef S and others.

Citation: 2022 LiveLaw (Ker) 360

The Kerala High Court recently dismissed two petitions and imposed exemplary costs of Rs.25,000/- each to be paid to the Kerala High Court Bar Association for gross abuse of the court's process. Justice Amit Rawal observed that the sole purpose of both petitioners was to stall the criminal proceedings pending in lower courts and therefore opened that they deserve to be dismissed with exemplary costs.

Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo

Case Title: N. Vanaja @ Vanaja Nagendra and anr. v. Bhanumathy and others

Citation: 2022 LiveLaw (Ker) 361

The Kerala High Court on Tuesday set aside a judgment obtained by producing a fake memo showing service of notice and imposed Rs 10,000 on the litigants who produced the fake memo. Justice A Badharudeen, while considering the review petition, opined that it is settled law that once it is established that the order was obtained by a successful party by practising fraud, it is vitiated, and such order cannot be held legal.

If Number Of Qualified Applicants Disproportionately Exceed Vacancies, Selection Committee May Shortlist Candidates Based On Rational Criteria: Kerala HC

Case Title: State of Kerala & Anr v. K.S Govindan Nair

Citation: 2022 LiveLaw (Ker) 362

The Kerala High Court on Tuesday ruled that a Selection Committee constituted to nominate a suitable candidate for a post can shortlist qualified applicants to trim down the number of such eligible applicants, provided the criteria for shortlisting do not eliminate candidates for not having qualifications that were never notified earlier. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P was dealing with a petition that questioned the validity of a shortlisting procedure adopted by the State Selection Committee for the post of Chairman of the Kerala State Pollution Control Board.

Kerala High Court Directs Russian Ship To Be Detained At Cochin Port Trust For Unpaid Dues To An Estonian Firm

Case Title: Bunker Partner OU v. MV MAIA-1

Citation: 2022 LiveLaw (Ker) 363

The Kerala High Court on Monday directed a Russian vessel, MV MAIA-1 to be detained at the Cochin Port Trust for non-payment of dues to an Estonian firm, Bunker Partner OU. Justice Sathish Ninan issued the ex-parte order against the Russian cargo ship after being prima facie satisfied that the arrest was warranted in this case.

Tahsildar Bound To Recategorise Land, Reassess Tax Once Paddy Land Is Converted As Per Statutory Mandates: Kerala High Court

Case Title: Prakash O.S v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 364

The Kerala High Court on Wednesday held that once paddy land is converted in due compliance with statutory mandates, the Tahsildar has to reassess the tax and make necessary entries in the Revenue records as per Section 27C of the Kerala Conservation of Paddy Land and Wetland Act. Justice N. Nagaresh found that the land reclaimed by the petitioner was admittedly paddy land and therefore, he cannot be forced to treat it as unnotified land or to approach the Revenue Divisional Officer for that matter.

Kerala High Court Grants Bail To Journalist 'Crime' Nandakumar Accused Of Verbally Abusing Woman Colleague

Case Title: T.P Nandakumar v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 365

The Kerala High Court on Thursday granted bail to journalist T.P Nandakumar who was arrested last month on charges of verbally abusing a former woman employee and allegedly forcing her to make a vulgar video. Justice Ziyad Rahman A.A allowed the appeal moved by the journalist primarily because the complaint submitted by the victim did not contain details of several allegations.

S.138 NI Act | Evidence Of Power Of Attorney Holder Not Credible Unless They Possess Due Knowledge Of The Transaction: Kerala High Court

Kerala High Court Extends Last Date To Apply For Plus One Course In State Board Till 22nd July

Case Title: Ameen Saleem & anr. v. State of Kerala & ors.

Citation: 2022 LiveLaw(Ker) 367

The Kerala High Court on Thursday extended till next hearing the interim order passed in the petition seeking an extension of the last date to apply for Plus One Course in the State Stream till mark sheets of the CBSE Class X Examination are published. Justice Raja Vijayaraghavan V observed that a delay of a day or two cannot be a reason to deprive the students of the State of Kerala who have been pursuing their education in the CBSE stream till Standard X, if they wish to migrate to the State Board.

Worried By Increasing Child Pregnancies & Easy Access To Porn, Kerala High Court Stresses Need For Proper Sex Education

Case Title: X v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 368

The Kerala High Court on Thursday expressed its concerns over the glaring absence of adequate sex education in schools amid the rising number of child pregnancies, which are, unfortunately, often a result of sexual abuse by close relatives. Justice V.G. Arun thereby asked the authorities to reconsider the sex education and safe use of the internet and social media being imparted at the schools in the State.

Kerala High Court Grants Interim Bail To SFI Leader For Appearing In Exam

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

Citation: 2022 LiveLaw (Ker) 369

The Kerala High Court on Friday granted interim bail to 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 granted interim bail to Arsho P.M till 3rd August, permitting him to appear for his exams conducted by the MG University which are scheduled from 23rd July till 3rd August.

Kerala High Court Issues Directions For Effective & Gender-Neutral Victim Protection Protocol For Sexual Assault Survivors

Case Title: X v. State of Kerala

Citation: 2022 LiveLaw (Ker) 370

In a significant development, the Kerala High Court has notified a list of directions to the State authorities to set up a gender-neutral victim protection protocol to ensure that all survivors of sexual abuse are empowered and encouraged to approach law enforcement agencies. Justice Devan Ramachandran issued the directions to secure the effective execution of the mechanisms already established for the benefit of the survivors such as the toll-free number 112, 24/7 access to crisis centres and legal support. The Judge also commented on the depth and complexity of the distress of a sexual assault survivor, while adding that it is to be defined.

Sympathizing With A Political Party Not A Disqualification For Appointment As Non-Hereditary Trustee In A Temple: Kerala High Court

Case Title: K. Chathu Achan v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 371

The Kerala High Court observed that mere sympathizing with a political party cannot be a disqualification for appointment as non-hereditary of a temple. There is clear distinction between sympathizing with a political party and indulging in active participation in the activities of the party, the bench comprising Justices Anil K. Narendran and P.G. Ajithkumar observed while it dismissed a petition filed by a hereditary trustee of the Sree Emoor Bhagavathy Temple challenging the notification issued by the Commissioner of Malabar Devaswom Board that invited applications to the post of non-hereditary trustees at the temple.

Kerala Public Buildings Act | Secretary Of Panchayat Empowered To Act As Estate Officer: High Court

Case Title: Kizhakkambalam Pachakkari Karshaka Sangham & Ors v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 372

The Kerala High Court on Friday held that the Secretary of a Grama Panchayat is empowered to act as Estate Officer under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968. Justice N. Nagaresh accordingly dismissed a petition alleging that the occupants of a shopping complex were not afforded an opportunity of hearing before the Estate Officer before they were served with an eviction notice.

Person Has Right To Specify Only Mother's Name In Identity Documents; None Should Suffer Insult Faced By 'Karna' Now : Kerala High Court

Case Title: XXX v. Registrar of Births and Dead Pathanamthitta Municipality and ors.

Citation: 2022 LiveLaw (Ker) 373

In a significant order, Kerala High Court on Tuesday, while allowing a Writ Petition held that a person has the right to not specify the name of their father in identity documents. The Court passed the order recognising the agonies faced by children of unwed mothers and rape victims. Referring to the Mahabharata charcater Karna, the Court observed in the judgment "We want a society with no such characters like "Karna," who curses his life because of the insult he faced for not knowing the whereabouts of his parents".

Kerala High Court Allows Bride To Appear Through Online Mode For The Solemnization Of The Marriage

Case Title: Shan S & anr. v. Marriage Officer

Citation: 2022 LiveLaw (Ker) 374

The Kerala High Court recently in a Writ Petition allowed one of the parties to appear through online mode for the solemnization of their marriage before the Marriage Officer. Justice V.G. Arun allowed the second petitioner, who is a Canadian citizen with an Overseas Citizen of India Card to appear before the Marriage office in online mode for the solemnization of their marriage, however, this is subject to certain conditions.

CLAT-PG Test Ranking Can Be Used To Select NTPC Law Officers: Kerala High Court

Case Title: NTPC v. Aishwarya Mohan

Citation: 2022 LiveLaw (Ker) 375

The Kerala High Court on Monday held that the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) is lawful. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P. thereby allowed the appeal preferred by NTPC against the decision of a Single Judge which held that such a condition was violative of Article 16 of the Constitution of India. Accordingly, the Single Judge decision has been set aside.

How Will You Protect BPL Students In Self-Financing Colleges Now That Scholarship Has Been Withdrawn? Kerala High Court Asks State

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

Citation: 2022 LiveLaw (Ker) 376

The Kerala High Court directed the State government to clarify how a student belonging to the Below Poverty Line category can be asked to pay tuition fees at a self-financing college, even if it was a subsidised rate. Justice Devan Ramachandran also asked the State to respond to how such students can be protected now that they have been stripped of the scholarship scheme that was previously available to them.

Person Born In A Particular Community Can't Be Denied Certificate Sans Enquiry Merely Because His Mother/ Wife Belong To Another Community: Kerala HC

Case Title: R. Karthik v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 377

The Kerala High Court on Tuesday held that a person born in a particular community cannot be denied community certificate merely for the reason of change in his residence or because his mother and wife belong to another community. Justice VG Arun opined that to determine the community status of a person, enquiry must be conducted about the caste to which the applicant is born and how he was brought up and the mere fact that he changed residence or married a belonging to another caste, are not determining factors.

Parties Should Be Heard Before Initiating Recovery From Pension Even If Statute Does Not Require So: Kerala High Court

Case Title: KSRTC & Ors. v. K. Venu Kumar and connected matters

Citation: 2022 LiveLaw (Ker) 378

The Kerala High Court ruled that parties should be offered a hearing before a recovery proceeding as per principles of natural justice, even if a statute does not provide for the same since such proceedings can have civil and pecuniary consequences. A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice C.S. Dias thereby dismissed the argument of Kerala State Road Transport Corporation (KSRTC) that before the Corporation finds that excess payments are made, the employees need not be heard as there is no statutory provision mandating the same.

POCSO Act | Courts Must Be Sensitive To Victim's Plight But Should Not Accept Allegations As Gospel Truth In Every Case: Kerala High Court

Case Title: XXXX v. State of Kerala and others

Citation: 2022 LiveLaw (Ker) 379

The Kerala High Court while allowing a pre-arrest bail application, observed that in matters of alleged sexual offences, especially against minor victims, the courts must be sensitive to the plight of the victims; however, that does not mean that the allegations ought to be accepted as the gospel truth in every case. Justice Bechu Kurian Thomas cautioned the courts about false allegations to achieve ulterior objectives and observed that tutoring a witness by the parents even while considering an application for bail cannot be ignored.

KEAM Candidate Entitled To Accept Higher Options Until Centralized Admission Process Is Complete: Kerala High Court Asks College To Refund Fee

Case Title: MES Dental College v. Shahana P.S & Ors.

Citation: 2022 LiveLaw (Ker) 380

The Kerala High Court on Monday held that as long as the centralized admission process was not complete, a candidate who attempted the Kerala Engineering, Architecture, Medical and Allied Courses (KEAM) exam is not only entitled but also bound to accept the higher options in the stream. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby directed MES Dental College to refund the amount of Rs. 5,00,000/- remitted by the petitioner towards liquidated damages as per the KEAM Prospectus.

Police Officers Entitled To Use Necessary Force To Arrest Fleeing Accused: Kerala High Court

Case Title: Gulam Rasul v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 381

The Kerala High Court on Tuesday ruled that police officers are entitled to use necessary force to arrest an accused while discharging their official duty, particularly when they are pursuing a fleeing accused. Justice Bechu Kurian Thomas also added that while using such force, if any injury is caused to the accused, it does not mean that the officer was not acting in discharge of his duty.

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber

Case Title: Sooraj V. Sukumar v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 382

The Kerala High Court denied pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was made out against him. In a notable observation, Justice Bechu Kurian Thomas ruled that the digital presence of the victim through the internet is sufficient to qualify as 'public view' as contemplated under Section 3 of the Act.

Accused Can Confront Witness With A Document Bearing Contradictory Statements During Cross-Examination: Kerala High Court

Case Title: XXX v. State of Kerala

Citation: 2022 LiveLaw (Ker) 383

The Kerala High Court on Wednesday held that an accused has every right to confront a witness with a document during the cross-examination of such witness before the court, especially if such document is a previous statement given by the same witness. Justice Kauser Edappagath added that it was not necessary to produce the document in advance before the court and that such a mandate would deprive the element of surprise involved in the same.

Indian Diplomats In Non-Apostille Countries Empowered To Administer Oath, Take Affidavits & Notarise: Kerala High Court

Case Title: Shan S & Anr. v. Marriage Officer

Citation: 2022 LiveLaw (Ker) 384

The Kerala High Court recently ruled that Indian diplomatic officers in non-Apostille countries are empowered to administer oath, take affidavits and do notarial acts as per Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act. Justice V.G. Arun added that such oath, affidavit and notarial act administered, sworn or done by or before any such diplomatic officer shall be effectual as if duly administered, sworn or done by or before any lawful authority in the State.

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC

Case Title: Smitha M.G v. State of Kerala and Ors.

Citation: 2022 LiveLaw (Ker) 385

The Kerala High Court on Wednesday, while allowing a writ appeal, observed that the Court exercising power under Article 226 of the Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition. A Division Bench consisting of Justice P.B. Suresh Kumar and Justice C. S. Sudha observed, "Merely for the reason that a specific relief has not been sought in the writ petition, it is not an impediment for the court exercising power under Article 226 of the Constitution to grant a relief which a party is entitled to."

Power To Arrest Can't Be Used As A Punitive Tool Unmindful Of Safeguards Mandated U/S 41 CrPC: Kerala High Court

Case Title: Muhammed Rafi v. Satheesh Kumar M.V

Citation: 2022 LiveLaw (Ker) 386

The Kerala High Court on Wednesday ruled that the State and the police cannot use their power to arrest an individual as a punitive tool or a means to mete out harassment and that they have the duty to observe the safeguards provided under Section 41 of the Code of Criminal Procedure (CrPC). A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P ordered so in a petition alleging arrest against the principles laid down by the Supreme Court in Arnesh Kumar v State of Bihar.

Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years

Case Title: XXX v. State of Kerala

Citation: 2022 LiveLaw (Ker) 387

The Kerala High Court on Wednesday released on bail a man accused of sexually assaulting his student over a span of eight years, finding that he had been in judicial custody for over a month. Justice Bechu Kurian Thomas observed that although prima facie there was evidence showing that the petitioner was involved in the crime, his continued incarceration was not necessary for the case.

Transgender Persons Entitled To Participate In Sporting Events In Gender Of Their Choice In Absence Of Separate Category: Kerala High Court

Case Title: Anamika v. State of Kerala and Others.

Citation: 2022 LiveLaw(Ker) 388

The Kerala High Court, on Friday, while passing an interim order in a Writ Petition, observed that in sporting events, in the absence of a separate category for transgender persons, they must be permitted to participate in their chosen category. Justice V G Arun, observed that transgender persons are having equal rights to participate in competitions, and in the absence of a separate category, they should be permitted to participate in their chosen category.

Kerala High Court Directs Registry To Not Accept 'Statements' Filed By Lawyers As Reply To Writ Petitions; Says Counter-Affidavits Should Be Filed

Case Title: Bilal S & Anr v. Passport Officer & Anr.

Citation: 2022 LiveLaw (Ker) 389

The Kerala High Court on Wednesday passed an interim order dissuading lawyers from filing statements on instruction under the guise of reply or counter affidavit to a petition unless it is an affidavit duly verified by the authorised officer. While ruling that the practice of filing statements by a lawyer is not provided under the High Court Rules and Regulations, Justice Amit Rawal also cautioned the Registry of disciplinary action if any of its staff were found accepting such statements from lawyers.

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court

Case Title: Alex G. Muricken v. Murickens Marketing System LLP & Anr.

Citation: 2022 LiveLaw (Ker) 390

The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts. Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not communicate the need for the same.

Preservation Of Unworkable Marriage Causes Great Misery, Marital Bond Should Be Severed On Irretrievable Breakdown : Kerala High Court

Case Title: xxxxxxx v. xxxxxxxxxx

Citation: 2022 LiveLaw(Ker) 433

The Kerala High Court recently, while dismissing a Matrimonial Appeal, observed that when a marriage has broken down beyond repair, the law should take notice of the fact as refusing to serve the legal tie of such marriages would be injurious to the interest of the parties as well as the society.

Division Bench, Consisting of Justice Anil K Narendran and Justice C S Sudha observed that nothing is gained by trying to keep the parties tied for ever to a marriage that in fact has ceased to exist.

Husband's Repeated Taunts, Comparisons With Other Women Qualify As Mental Cruelty: Kerala High Court

Case Title: xxxxxxxx v. xxxxxxxxxx

Citation: 2022 LiveLaw(Ker) 433

The Kerala High Court recently observed that constant and repeated taunts of the husband that his wife did not meet his expectations and comparisons with other women would amount to mental cruelty as contemplated under Section 10(x) of the Divorce Act, 1869 for the purpose of dissolution of marriage.

A Division Bench of Justice Anil K Narendran and Justice C. S. Sudha observed that for the conduct of a spouse to fall within the ground of cruelty, it should be 'grave and weighty' to the extent that the petitioner's spouse cannot be reasonably expected to live with the other spouse, and should be serious that "ordinary wear and tear of married life".

Can An Elector Seek To Be Impleaded In An Election Petition? Kerala High Court Answers

Case Title: Basil George v. Shaji Salim & Ors.

Citation: 2022 LiveLaw (Ker) 434

The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with.

Upon analysing the provisions of the Municipality Act and the declaration of law by the Supreme Court, Justice C.S. Dias took the view that the ring is closed for a ranked outsider to get himself impleaded in an election petition if his aspiration is beyond the scheme of the Act.

Kerala High Court Urges Authorities to Expedite Action To Mitigate Human-Wildlife Conflicts

Case Title: Gaurav Tewari v. Union of India

Citation: 2022 LiveLaw (Ker) 435

The Kerala High Court recently asked the concerned authorities to speed up the process of implementing the guidelines proposed to deal with human-animal conflict in the State.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that though proposals had already been introduced to deal with the issue, they were yet to be implemented in practice.

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court

Case Title: Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors.

Citation: 2022 LiveLaw (Ker) 436

The Kerala High Court recently held that the right to pension is a constitutional right and that pensions cannot be paid to retired employees merely at the whims and fancies of the employers.

Justice V.G Arun observed that pension is deferred salary and the right to the same is akin to the right to property under Article 300A of the Constitution of India.

Unrelated Organ Transplantation | Local Level Committee Can't Insist On Police Verification Report: Kerala High Court

Case Title: Salikuttan N. v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 437

The Kerala High Court recently reiterated that the Local Level Committee for Renal Transplantation cannot insist on the production of a police verification report to forward an application for unrelated organ transplantation filed under the Transplantation of Human Organs and Tissues Act to the District Level Authorisation Committee.

Justice V.G. Arun also expressed dissatisfaction over the fact that the Committee was taking insisting on the report even when a life was at stake, despite the matter being already settled in Shoukathali Pullikuzhiyil v. District Level Authorization Committee.

Non-Joining Duty Vacancies Should Be Treated As Fresh Vacancies: Kerala High Court

Case Title: Santhosh Kumar v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 438

The Kerala High Court on Tuesday held that the Non Joining Duty (NJD) vacancies that arose in the post of Preventive Officer at the Public Service Commission (PSC) after the amendment of Part III of Kerala State & Subordinate Service Rules (Special Rules) will have to be filled as per the amended Rules and not the erstwhile Rules.

A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P also reiterated that a vacancy that arises due to an advised candidate not reporting for duty pursuant to the advice has to be treated as a fresh vacancy.

"Grave Injury to Mental Health": Kerala High Court Allows Termination of 28 Week Pregnancy of 14 Year Old Rape Survivor

Case Title: XXXXXXXXXX v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 439

The Kerala High Court on Tuesday allowed a Writ Petition that was filed to terminate the 28 week old pregnancy of a 14 year old rape survivor.

The Single Judge Bench of V.G. Arun, while allowing the Writ, took note of the Medical Board's recommendation for the medical termination of pregnancy on the ground that,

"The continuation of pregnancy may cause grave injury to the mental health of the girl", the Court noted.

Kerala High Court Dismisses Swapna Suresh's Plea To Quash FIR Registered Against Her Over Allegations Against CM

Case Title: Swapna Prabha Suresh v. State of Kerala

Citation: 2022 LiveLaw(Ker) 440

The Kerala High Court on Friday dismissed the two petitions filed by Swapna Suresh seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.

The bench of Justice Ziyad Rahman A. A, while dismissing her plea to quash the FIR, observed that for the purpose of conducting an investigation for the offence under section 153 IPC, the contents of the FIR are sufficient.

DV Act | Magistrate Empowered To Refer Matters To Mediation, Record Compromise & Pass Order For Settlement: Kerala High Court

Case Title: Mathew Daniel v. Leena Mathew

Citation: 2022 LiveLaw(Ker) 441

The Kerala High Court on Tuesday held that the Magistrate exercising jurisdiction under the Protection of Women from Domestic Violence Act, 2005 (DV Act) has the power to refer the matter before it to mediation as per Section 89 of Civil Procedure Code (CPC), record the compromise and pass an order in terms of the settlement applying the principles of Order XXIII Rule 3 of CPC.

Civil Courts Obliged To Await Mediation Report Before Passing Further Orders When Parties Referred For Mediation: Kerala High Court

Case Title: Shybu B. v. Sajeev

Citation: 2022 LiveLaw (Ker) 442

The Kerala High Court recently held that when a civil court has referred parties to a civil suit to mediation under Section 89 of the Civil Procedure Code, there is an obligation to await the mediation report before passing further orders in the suit.

Justice C.S. Dias, while adjudicating the matter, and deciding as to whether the court below had erred in dismissing the suit as 'not pressed', further observed that, it is statutory that when a suit is settled under Section 89 of the Code, without adjudication, the plaintiff is entitled for refund of the entire court fee as provided in Section 69 (A) of the Kerala Court Fees and Suit Valuation Act, 1959.

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Case Title: Shibu & Anr v. Sreekumaran & Anr.

Citation: 2022 LiveLaw (Ker) 443

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code.

Justice A. Badharudheen while holding so, further observed that where there is an allegation of obstruction of natural right (to get light and air to the property) in a civil suit, it is the civil courts that would have jurisdiction over the same, and the Tribunal for Local Self Government cannot address such violation.

Copies Of 'A' Diary Of Civil And Criminal Postings In Courts Cannot Be Obtained Under RTI Act: Kerala High Court

Case Title: M. P. Chothy v. Registrar General & Ors.

Citation: 2022 LiveLaw(Ker) 444

The Kerala High Court recently, while dismissing a writ petition, held that copies of 'A' diary of civil and criminal postings in the courts could not be obtained under the Right to Information Act.

Justice Murali Purushothaman observed that since copies of 'A' diary of civil and criminal posting of cases can be obtained by filing applications under rules made by the High Court, the provisions of the RTI Act shall not be restored.

Kerala High Court Annual Digest Part-I [Citations 1-222]

Kerala High Court Annual Digest Part-III [Citations 445-670]