Nominal Index [Citations: 2025 LiveLaw (Ker) 338 - 353]Revathy C. v. State of Kerala, 2025 LiveLaw (Ker) 338Headstar Global Pvt. Ltd. v. State Of Kerala & Ors., 2025 LiveLaw (Ker) 339Aneesh Babu v. Assistant Director, ED, 2025 LiveLaw (Ker) 340The Secretary Cum Manager, Majilis Arts and Science College v. National Council for Teacher Education & Anr., 2025 LiveLaw (Ker) 341The...
Nominal Index [Citations: 2025 LiveLaw (Ker) 338 - 353]
Revathy C. v. State of Kerala, 2025 LiveLaw (Ker) 338
Headstar Global Pvt. Ltd. v. State Of Kerala & Ors., 2025 LiveLaw (Ker) 339
Aneesh Babu v. Assistant Director, ED, 2025 LiveLaw (Ker) 340
The Secretary Cum Manager, Majilis Arts and Science College v. National Council for Teacher Education & Anr., 2025 LiveLaw (Ker) 341
The Principal v. Union of India & Ors, 2025 LiveLaw (Ker) 342
R. Ramesh v. Vijaya Bank & Ors. and connected cases, 2025 LiveLaw (Ker) 343
Hussain & Ors. v. State of Kerala & Ors., 2025 LiveLaw (Ker) 344
Suresh v. Sree Narayana Smaraka Samathi Trust, 2025 LiveLaw (Ker) 345
HDFC Ergo General Insurance Company Ltd. v. Zeenath and Ors., 2025 LiveLaw (Ker) 346
M.I. Mohammed v. M/s. HLL Life Care Ltd. & Ors., 2025 LiveLaw (Ker) 347
Abdul Rahim v. Suku S & Anr., 2025 LiveLaw (Ker) 348
Raju Kattakayam v. State of Kerala & Ors., 2025 LiveLaw (Ker) 349
Dr. C. M. Aboobacker v State of Kerala and Another, 2025 LiveLaw (Ker) 350
Moideen Koya & Ors. v. M/S.Pegasus Assets Reconstruction Co. Pvt. Ltd. & Anr., 2025 LiveLaw (Ker) 351
Manju Saud & Ors. v. Union of India & Ors., 2025 LiveLaw (Ker) 352
Harisankar S. v. State of Kerala & Ors., 2025 LiveLaw (Ker) 353
Judgments/ Orders This Week
Case Title: Revathy C. v. State of Kerala
Citation: 2025 LiveLaw (Ker) 338
The Kerala High Court has held that a Magistrate Court is not empowered to rule on interim custody of vehicles seized under the Kerala Conservation of Paddy Land and Wetland Act 2019, if the vehicles were handed over to District Collector.
Justice V.G. Arun conceded that through prior decisions it has been settled that the jurisdictional Magistrate has the power to order interim custody.
Police Cannot Attach Bank Account Under S.107 BNSS Without Magistrate's Approval : Kerala High Court
Case Title: Headstar Global Pvt. Ltd. v. State Of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 339
The Kerala High Court held that a bank account can be attached under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, only on the orders of the jurisdictional Magistrate and that police cannot uniterally do so.
Section 107 BNSS is a new provision which provides for the attachment of "proceeds of crime."
Justice V.G. Arun was considering a petition filed by Headstar Global Pvt. Ltd., whose account was frozen by Kalamassery Police after funds linked to a cheating case involving Spezia Organic Condiments Pvt. Ltd. were allegedly transferred into its account.
Case Title: Aneesh Babu v. Assistant Director, ED
Citation: 2025 LiveLaw (Ker) 340
The Kerala High Court on Tuesday (June 17) closed the bail application of Aneesh Babu who leveled bribery allegations against the Assistant Director of the Enforcement Directorate (ED), Ernakulam Office.
The petitioner had been summoned to appear before the Assistant Director, ED Special Investigating Team at New Delhi in connection with Crime No. KCZO/14/2025. As per the notice, he was asked to bring all the documents relating to the Vigilance Case. It is further mentioned in the notice that failure to appear and give evidence will lead to proceedings under Prevention of Money Laundering Act, 2002 and other provisions of BNS, 2023.
NCTE Cannot Penalise Colleges For Its Own Delay In Granting Recognition: Kerala High Court
Case Title: The Secretary Cum Manager, Majilis Arts and Science College v. National Council for Teacher Education & Anr.
Citation: 2025 LiveLaw (Ker) 341
The Kerala High Court has ruled that colleges cannot be penalised for procedural delays caused by the National Council for Teacher Education (NCTE) in processing applications for recognition under the Integrated Teacher Education Programme (ITEP).
Justice D.K. Singh observed that as per the binding timeline laid down by the Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. (2013) 2 SCC 617, NCTE was required to communicate deficiencies within 45 days and issue recognition by 03 March of the academic year concerned. However, the show cause notice was issued after five months, with no proper explanation offered for the delay.
Writ Petitioner Cannot File Writ Appeal Against Interim Order Granted To Him: Kerala High Court
Case Title: The Principal v. Union of India & Ors.
Citation: 2025 LiveLaw (Ker) 342
The Kerala High Court has observed that a writ appeal is not maintainable under Section 5(i) of the Kerala High Court Act, 1958, when the Court has already granted the interim relief sought by the petitioner. In such a situation, the petitioner cannot claim to be an aggrieved party to file an appeal.
The Division Bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan was considering a writ appeal filed by the Principal of Century International Institute of Dental Science and Research Centre, Kasaragod, challenging the interim order passed by a Single Judge staying further proceedings related to the reallocation of BDS students from the college.
Case Title: R. Ramesh v. Vijaya Bank & Ors. and connected cases
Citation: 2025 LiveLaw (Ker) 343
The Kerala High Court has emphasized that banks cannot escape liability after negligently encashing cheques with forged signatures.
The Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment in a batch of appeals filed by the plaintiffs, all private companies or individuals operating out of Kozhikode, against the dismissal of their suits by the Additional Sub Court, Kozhikode.
Case Title: Hussain & Ors. v. State of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 344
The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.
Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised under any personal or special law.
Case Title: Suresh v. Sree Narayana Smaraka Samathi Trust
Citation: 2025 LiveLaw (Ker) 345
The Kerala High Court has directed the Rent Control Appellate Authority to reconsider the application for restoration of an appeal preferred by an evicted tenant, that was dismissed for default, i.e. non-appearance of his counsel.
The Division Bench comprising Justice A. Muhamed Mustaque and Justice Johnson John was informed that the counsel could not appear as the next posting date of the case was not updated on the Case Information System Software.
Case Title: HDFC Ergo General Insurance Company Ltd. v. Zeenath and Ors.
Citation: 2025 LiveLaw (Ker) 346
The Kerala High Court recently held that there is no need for an insurance company to send a separate notice of cancellation of policy if the same was cancelled immediately after preparation and if the insured was aware of the factum of cancellation of the policy.
The judgment was passed by Justice C. Pratheep Kumar while considering a Motor Accidents Claims Appeal (MACA) preferred by the Insurance Company.
Case Title: M.I. Mohammed v. M/s. HLL Life Care Ltd. & Ors.
Citation: 2025 LiveLaw (Ker) 347
The Kerala High Court bench of Justice M.A. Abdul Hakhim has held that where an arbitral award is set aside on the ground that the appointment of the arbitrator was void ab initio and the arbitral proceedings are declared non est, the new arbitrator must initiate proceedings afresh. The question of admissibility of previously recorded evidence is to be decided by the new arbitrator.
Case Title: Abdul Rahim v. Suku S & Anr.
Citation: 2025 LiveLaw (Ker) 348
The Kerala High Court has held that for the presumption under Section 146 of the Negotiable Instruments Act, 1881 to apply, a bank's slip must mention the cheque number, date, and amount relating to the dishonoured cheque. If these essential details are missing, the memo cannot serve as prima facie evidence of dishonour.
Justice A. Badharudeen made the observation while setting aside an acquittal in a cheque bounce case. The complainant had filed a case under Section 138 NI Act after a cheque for ₹1,46,000 was dishonoured. The trial court acquitted the accused, pointing out that either in the intimation memo or in the dishonor memo, the number of the cheque dishonored was not disclosed.
Case Title: Raju Kattakayam v. State of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 349
The Kerala High Court has clarified that mere registration of a crime or pendency of investigation, without filing of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” under Section 6(2)(f) of the Passport Act, 1967.
Justice A. Badharudeen made this observation while considering a petition that sought to renew the petitioner's passport amidst an ongoing vigilance investigation under the Prevention of Corruption Act.
Case Title: Dr. C. M. Aboobacker v State of Kerala and Another
Citation: 2025 LiveLaw (Ker) 350
The Kerala High Court set aside a POCSO case against an octogenarian paediatrician who was alleged to have committed aggravated sexual assault on a 10th standard student during a medical examination. The doctor had approached the High Court to quash further proceedings in the case, saying that whatever he had done was within the parameters of clinical examination. He had stated that the examination was done in the presence of a close relative of the child.
Justice G. Girish observed that for offences of sexual assault under IPC and POCSO, it was important to show that the act was committed with sexual intention. The Court said that it was hard to believe that the petitioner made sexual advances to the victim in the presence of her mother or sister. The Court also noted that the victim had approached the hospital with complaints of chest pain and abdominal pain, and only after checking with the stethoscope, the doctor proceeded to press her breasts.
Case Title: Moideen Koya & Ors. v. M/S.Pegasus Assets Reconstruction Co. Pvt. Ltd. & Anr.
Citation: 2025 LiveLaw (Ker) 351
The Kerala High Court has recently held that there is no bar under the SARFAESI Act against preferring a consolidated Securitisation Application by tenants under different lease deeds if they are challenging the same secured creditor's action.
The judgment was passed by Justice Mohammed Nias C.P. while considering an Original Petition preferred against the order (Exhibit P8) passed by the Registrar of the Debts Recovery Tribunal (DRT), Ernakulam.
Foreigners Must Be Heard Before Passing Order Restricting Their Movement: Kerala High Court
Case Title: Manju Saud & Ors. v. Union of India & Ors.
Citation: 2025 LiveLaw (Ker) 352
In a significant ruling that reinforces procedural fairness under Article 21 of the Constitution, the Kerala High Court has held that foreign nationals must be given an opportunity to be heard before orders restricting their movement are passed under the Foreigners Act, 1946.
Justice C. Jayachandran, delivering judgment in a writ petition, declared the movement restriction orders issued by the Foreigners Regional Registration Officer (FRRO) against three Nepali nationals to be illegal, because they were issued without hearing the petitioners.
IGNOU Degree Not Required To Have Equivalence Certificate From State University : Kerala High Court
Case Title: Harisankar S. v. State of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 353
The Kerala High Court has recently held that insisting on equivalency certificate from Central Universities that are recognised by the University Grants Commission (UGC) in the prospectus of the State Eligibility Test (SET) is ultra vires the UGC Act.
Justice D.K. Singh passed the judgment while considering a Writ Petition that challenged the decision taken by the LBS Centre for Science and Technology (2nd respondent) with respect to the petitioner's eligibility in the SET.
Other Important Developments This Week
The Kerala High Court today said that while it was pleased to hear that Kochi had not been flooded this monsoon season, efforts to contain the same need to be continued in the future.
Justice Devan Ramachandran during the hearing orally remarked that, "I am happy that the city is not flooded."
The State of Kerala has sought 2 weeks' time from the Kerala High Court to file a detailed statement in the case of bribery against the Assistant Director of Ernakulam Enforcement Directorate Office.
Justice A. Badharudeen ordered that the interim order not to arrest the official will continue till the next date of hearing. The officer is directed to co-operate with the investigation.
The Kerala High Court on Tuesday (17th June), issued the following directions banning the use and sale of single-use plastic in the State.
The order was passed by the Special Bench constituted of Justice Bechu Kurian Thomas and Justice Gopinath P. which was monitoring the waste management in the State. The Court said that the orders were necessary to protect the fundamental right of the public to have a safe and clean environment.
The Kerala High Court on Tuesday (June 17) ordered notice to the office bearers and members of the Kerala ASHA Health Workers Association in a contempt case filed against the ASHA workers (Accredited Social Health Activists) protest, which is allegedly conducted by blocking the road and footpath in front of the Secretariat in Thiruvananthapuram district from February 10, 2025.
The Division Bench consisting of Justice Anil K. Narendran and Justice Muralee Krishna S. passed an interim order as follows:
“…in connection with an agitation conducted by the Kerala ASHA Health Workers Association in front of a government sector, in which Respondents 9 to 13 are its office bearers/members. Along with this contempt case, the petitioner has placed on record Annexure A5 series of photographs as well as Annexures A11, A12 and A23 video clippings. Having considered the preliminary submissions made by the petitioner, who appeared in person, and also the Addl. Advocate General, we find that the petitioner has made out a prima facie case for issuing notice in Form No. 1 to Respondents 5 to 8, who are the official respondents and also to Respondents 9 to 13, who are the office bearers and members of the Kerala ASHA Health Workers Association. Notice to Respondents 1 to 4 and also to Additional Respondents 14 to 39 are dispensed with for the time being. Notice shall be issued in Form No. 1. The personal presence of Respondents 5 to 8 shall be dispensed with for the time being.”
The Kerala High Court has asked the Director General of Education (DGE) to file an affidavit detailing the steps that are required to be taken to ensure that the appointment of teachers in Government Aided Schools is made in a fair manner.
Justice D. K. Singh observed that it appears that the Manager of the school has absolute discretion to appoint anyone who is qualified as a teacher without following any process.
A writ petition has been moved before the Kerala High Court challenging the Counselling Registration Fee of INR 30,000 and the Confirmation Fee of INR 20,000 imposed by the Consortium of NLUs on CLAT applicants.
Today (June 17), when the case came up for admission before Justice D. K. Singh, the Standing Counsels for the Bar Council of India (3rd respondent) and for the University Grants Commission (4th respondent) took notice. Notice was issued to the Consortium (2nd respondent) by speed post.
Kerala High Court Restrains Use Of Toilets At Private Petroleum Outlets As Public Toilets
The Kerala High Court has passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.
Justice C.S. Dias passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers challenging the attempts made by the State Government and the local self-government institutions to convert the toilets in the outlets into public toilets.
The Kerala High Court on Wednesday (18th June) has ordered the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, over a claim raised by the company, Sans Cashew India Private Limited. The company has made a claim of Rs. 74 Lakh over the cargo lost in MSC Elsa 3.
Justice M. A. Abdul Hakhim added that the arrest will only be made if it is anchored within the territorial jurisdiction of the State. The ship can be released once the amount is recovered.
The Kerala High Court on Wednesday (June 18) orally directed the Managing Director of the Kerala Water Authority (KWA) to take urgent measures to resolve the water shortage issue in more than ten panchayats in Thrissur District in Kerala.
The Division Bench, consisting of Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing the matter. Noting that the writ petition had been pending for more than two years, the Court orally observed:
“Our main concern is why should the High Court need to spend so much time on something which is the function of the Water Authority.”
The Kerala High Court has directed to constitute Ashtamudi Local Wetland Authority/ sub- committee for the protection and conservation of Ashtamudi wetland.
The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji has made this orders in a petition filed by Advocate Boris Paul pointing towards the waste dumping and illegal encroachments in Ashtamudi lake. Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on Wetlands.
Lawyer Moves PIL Before Kerala High Court Challenging Toll Collection In National Highway
A public interest litigation (PIL) has been filed before the Kerala High Court by a lawyer based in Thrissur challenging the toll collection in Paliyekkara Toll Plaza (Thrissur district) on NH 544.
According to the petitioner, there is severe traffic congestion in the Mannuthy–Edappally stretch of NH 544, particularly near the Paliyekkara Toll Plaza, due to ongoing construction, especially the underpass projects sanctioned by the National Highways Authority of India (NHAI).
The Kerala High Court on Thursday (19th June) stayed the negotiation process initiated by the State with the MSC Company over the loss caused due to the sinking and consequent cargo loss of MSC Elsa. The State has constituted a committee for negotiation to determine the compensation for damage caused due to collision, restoration of coastal life and marine environment, removal of wreck, and economic loss caused to the fishermen.
The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji raised concerns with such negotiation proceedings. The Court observed that such negotiation raises concerns of transparency. The Court said that the State has the option of doing settlement talks through the Court, especially when the State has expressed its intention of filing an Admiralty suit against MSC.
The Kerala High Court on Tuesday (19th June) appointed an Advocate Akash S. as Amicus curiae to assist the Court to formulate guidelines for the functioning of Expert Committees constituted to consider medical negligence cases.
The Court was informed by the ADGP that at present there was no guidelines in place regarding the manner in which the Expert Committee is to function. Justice V. G. Arun opined that this will adversely affect the right of fair trial of doctors. The Court observed that it is fundamental to hear the doctor before submitting a report and give a copy of the report to him.
The Kerala High Court on Friday (20th June) allowed the appeal filed by Adv. Yeshwanth Shenoy, president of Kerala High Court Advocate Association against the disciplinary proceedings initiated against him by the Kerala Bar Council. The petition filed by Shenoy was initially dismissed by the Single Judge. The order of the Single Judge was set aside today by the Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V. M.
Kerala Court Awards ₹1 Crore Compensation To 'MILMA' In Trademark Dispute Against 'MILNNA'
The Principal Commercial Court, Thiruvananthapuram, has passed a judgment in favour of the Kerala Co-operative Milk Marketing Federation Limited (plaintiff), popularly known as Milma, in a trademark dispute initiated by it against the defendant's brand “MILNNA”.
The judgment was passed by Smt. Mariam Salomi, Principal Commercial Judge, Thiruvananthapuram.