Nominal Index [Citations: 2025 LiveLaw (Ker) 477- 490]C.A.N. Subramoniya Sarma and Ors. v. State of Kerala and Ors, 2025 LiveLaw (Ker) 477SR Educational & Charitable Trust v. State of Kerala and Ors., 2025 LiveLaw (Ker) 478Thankamma and Ors v Regional Joint Labour Commissioner, 2025 LiveLaw (Ker) 479Vinu C. Kunjappan v. State of Kerala, 2025 LiveLaw (Ker) 480Musthafa N P and Anr v The...
Nominal Index [Citations: 2025 LiveLaw (Ker) 477- 490]
C.A.N. Subramoniya Sarma and Ors. v. State of Kerala and Ors, 2025 LiveLaw (Ker) 477
SR Educational & Charitable Trust v. State of Kerala and Ors., 2025 LiveLaw (Ker) 478
Thankamma and Ors v Regional Joint Labour Commissioner, 2025 LiveLaw (Ker) 479
Vinu C. Kunjappan v. State of Kerala, 2025 LiveLaw (Ker) 480
Musthafa N P and Anr v The State Level Organ Transplantation Authorisation Committee and Ors, 2025 LiveLaw (Ker) 481
XXX v. State of Kerala and Ors, 2025 LiveLaw (Ker) 482
Suo Motu v R. Rajesh, 2025 LiveLaw (Ker) 483
J. Vijayakumar v. Assistant Commissioner, 2025 LiveLaw (Ker) 484
Suo Motu v. State of Kerala, 2025 LiveLaw (Ker) 485
M/s Cochin International Airport Ltd. v. State Information Commission and Ors and connected cases, 2025 LiveLaw (Ker) 486
Ratheesh K G v State of Kerala and Anr, 2025 LiveLaw (Ker) 487
Bindhu K P v State of Kerala and Ors, 2025 LiveLaw (Ker) 488
Jose v The Sub Inspector of Police and Another, 2025 LiveLaw (Ker) 489
S Sheeja v Maintenance Appellate Tribunal and Ors, 2025 LiveLaw (Ker) 490
Judgments/Orders This Week
Case Title: C.A.N. Subramoniya Sarma and Ors. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 477
The Kerala High Court on Wednesday (July 30) disposed of a public interest litigation seeking improvement of pedestrian pathway and safety in East Fort area of capital city, Thiruvananthapuram.
The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji stipulated timelines for implementing the short-term and long term measures outlined by the Transport Commissioner in the affidavit submitted before the Court.
Case Title: SR Educational & Charitable Trust v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 478
The Kerala High Court recently said that the State government is legally bound to pay rent and compensation to the owners of a private building, which it used or took over invoking the provisions of the Disaster Management Act, 2005.
Justice N. Nagaresh in his order observed that the buildings and valuable equipment belonging to the petitioner educational agency, were taken over by the State authorities during the crucial time of Covid-19 pandemic.
Case Title: Thankamma and Ors v Regional Joint Labour Commissioner
Citation: 2025 LiveLaw (Ker) 479
The Kerala High Court held that a manager of a factory, as defined under Section 2(f) of the Payment of Gratuity Act, 1972, can be considered the lawful employer for the purpose of gratuity proceedings, even in the absence or death of the proprietary owner.
Justice K Babu delivered the judgement, dismissing a challenge brought by the legal heirs of the former proprietor of Thankam Cashew Factory. The petitioners contended that a gratuity award passed on October 4, 2023, was void ab initio since it was rendered against a deceased person.
Case Title: Vinu C. Kunjappan v. State of Kerala
Citation: 2025 LiveLaw (Ker) 480
The Kerala High Court recently quashed the criminal proceedings initiated against a person for failing to lower the National Flag for almost 2 days after hoisting it during an Independence day celebration.
Dr. Justice Kauser Edappagath considered whether offences under Section 2(a) of the Prevention of Insults to National Honour Act, 1971, read with Part-III, Section III, Rule 3.6 of the Flag Code of India, 2002 were made out in the case.
Kerala High Court Orders Reconsideration Of Woman's Request To Donate Kidney To Husband's Friend
Case Title: Musthafa N P and Anr v The State Level Organ Transplantation Authorisation Committee and Ors.
Citation: 2025 LiveLaw (Ker) 481
Kerala High Court has set aside the orders of the State and District Level Authorisation Committees rejecting a kidney transplant application involving two family friends.
Justice N. Nagaresh directed the District Level Committee to reconsider the application within six weeks, granting the petitioners an opportunity to submit fresh evidence. He held that the rejection was based on “untenable grounds”.
Case Title: XXX v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 482
The Kerala High Court recently quashed the criminal proceedings taken against a law student for allegedly defiling a Mahatma Gandhi statue on his campus by putting cooling glasses and Christmas wreath on it.
Justice V.G. Arun quashed the criminal proceedings alleging commission of offences under Sections 153 [Wantonly giving provocation with intent to cause riot] and 426 [Punishment for mischief] of IPC noting that the ingredients of the offences were not made out.
Case Title: Suo Motu v R. Rajesh
Citation: 2025 LiveLaw (Ker) 483
The Kerala High Court closed the contempt proceedings initiated against former MLA R Rajesh by allowing a discharge application, citing significant procedural violations in the initiation and conduct of the proceedings.
The division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar allowed the discharge application.
Case Title: J. Vijayakumar v. Assistant Commissioner
Citation: 2025 LiveLaw (Ker) 484
The Kerala High Court has held that transactions involving the display of advertisements on hoardings are not taxable under the Kerala Value Added Tax Act (KVAT), where the right to use has not been transferred.
Justice Ziyad Rahman A.A. agreed with the assessee that the charges collected by the assessee for displaying the advertisement included the charges for erection, printing and maintenance, etc. Thus, the responsibility to maintain the hoarding was with respect to the assessee, and the assessee had collected separate charges for the same as well.
Case Title: Suo Motu v. State of Kerala
Citation: 2025 LiveLaw (Ker) 485
The Kerala High Court on Wednesday (August 6) expressed its strong disapproval against the action of M.R. Ajith Kumar IPS, Additional Director General of Police (Armed Forces Battalion) for using a tractor belonging to the Kerala Police Department on the Sabarimala Swami Ayyappan Road on July 12 and 13.
A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considered a suo motu proceeding, which was initiated following the report of the Special Commissioner, Sabarimala regarding the alleged incident.
Cochin International Airport Ltd A 'Public Authority' Under RTI Act : Kerala High Court
Case Title: M/s Cochin International Airport Ltd. v. State Information Commission and Ors. and connected cases
Citation: 2025 LiveLaw (Ker) 486
The Kerala High Court has recently held that the Cochin International Airport (CIAL) is a public authority coming within the purview of the Right to Information Act, 2005.
Dismissing the writ appeals preferred by CIAL challenging the decision of the Single Bench, the Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. imposed a cost of Rupees one lakh on CIAL for filing the writ appeals without proper authority.
Case Title: Ratheesh K G v State of Kerala and Anr
Citation: 2025 LiveLaw (Ker) 487
Kerala High Court has quashed an FIR against a police officer accused of illegal search and bribery, holding that procedural irregularity in the matter of seizure of contraband alone, would not constitute an offence, even though it may attract disciplinary proceedings.
Justice A Badharudeen, delivered the judgment and ruled that the FIR registered against the petitioner was unwarranted and legally unsustainable.
Convict Not Entitled To Emergency Leave For Giving Care To Pregnant Wife: Kerala High Court
Case Title: Bindhu K.P. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 488
The Kerala High Court has recently passed a judgment denying emergency leave to a life convict to give pregnancy care to his wife, who was two months pregnant. It opined that extraordinary powers under Article 226 of the Constitution cannot be exercised granting parole to those convicted of serious offences, forgetting about the interests of the victims.
Justice P V Kunhikrishnan delivered the judgment.
Case Title: Jose v The Sub Inspector of Police and Another
Citation: 2025 Livelaw (Ker) 489
The Kerala High Court has issued detailed procedural guidance on how trial courts must handle the resumption of criminal proceedings against an accused previously found unfit to stand trial due to mental illness.
Justice G Girish observed, “The mere assessment as to whether the accused is having mental illness or not, by referring the matter to the Mental Health Review Board, would not serve any purpose, unless the opinion sought to be obtained is whether the unsoundness of mind of the accused is of such an extent which would render him incapable of making his defence,”
Case Title: S Sheeja v Maintenance Appellate Tribunal and Ors.
Citation: 2025 LiveLaw (Ker) 490
The Kerala High Court has ruled that a person cannot be compelled to maintain a childless senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, unless they are a legal heir of the senior citizen as defined under personal law.
The division bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment while allowing a writ appeal where the orders from the Maintenance Tribunal and the Appellate Tribunal directing the petitioner to support her husband's aunt was challenged.
Other Important Developments This Week
Kerala High Court Issues Notice On Plea Challenging Kollam Bar Association Election Result
Case Title: Dheeraj Ravi v. Bar Council of Kerala and Ors.
Case No: WP(C) 28082/2025
The Kerala High Court has recently issued notice on a petition challenging the results of the election to the Board of Directors of the Kollam Bar Association.
When the petition came up for hearing on Thursday (July 31), Justice N. Nagaresh admitted the same and issued notice by special messenger. The case is now posted on August 08.
The petition was filed by Dheeraj Ravi, practicing advocate and former President of the aforesaid bar association, stating that various irregularities occurred during the election held on 05.07.2025.
Case Title: Prof. Dr. K S Anilkumar v The University of Kerala and Ors.
Case No: WP(C) 28246/ 2025
The Kerala High Court on Monday (August 4) orally questioned the authority of Kerala State University's Vice Chancellor to continue the suspension of Registrar Prof Dr. K.S. Anilkumar, despite revocation of the same by University Syndicate.
Justice T R Ravi was hearing the writ petition filed by the Registrar seeking to quash several orders issued by the VC under Section 10(13) of the Kerala University Act, that prevented him from rejoining duty.
Case Title: Petroleum Traders Welfare and Legal Service Society V State of Kerala
Case No: WP(C) 9329/ 2025
The Kerala High Court on Tuesday, directed major oil companies, including Indian Oil Corporation Limited (IOCL), Hindustan Petroleum Corporation Limited (HPCL) and Bharat Petroleum Corporation Limited (BPCL), to submit counter-affidavits detailing the dealership agreements which mandate that washrooms at petrol retail outlets be made available to the general public.
Justice C S Dias, issued the directions while hearing the 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.
Case Title: Smitha Francis Alias Smitha Ajay v Shwas Homes Pvt Ltd and Anr
Case No: WP(C) 10576/ 2024
The Kerala High Court has recently ruled that the term “employment” under Section 17 B of the Industrial Disputes Act, 1947, includes self-employment where the workmen earns adequate income.
Justice S Manu, while deciding on an interim application in a writ petition, held that a workman cannot claim benefits under Section 17 B merely in the absence of formal employment, if he or she is engaged in a profit-generating business or self employment.
Case Filing No: Adml. Suit No. 13/2025
Case Title: Elsa 3 Maritime Inc. and Ors. v. Saji Surendran
Elsa 3 Maritime Inc., Multi Container Management and MSC Mediterranean Shipping Co. have filed an admiralty suit before the Kerala High Court praying for limitation of liability for maritime claims arising from the losses caused due to the sinkage of MSC Elsa III.
The suit was listed before Justice Easwaran S.
Kerala High Court Suspends Toll Collection In Paliyekkara Toll Plaza On NH 544 For Four Weeks
Case Title: Shaji J Kodankadath v Union of India and connected cases
Case No: WP(C) 20253/ 2021 and connected cases
The Kerala High Court on Wednesday (August 6) suspended the toll collection in Paliyekkara Toll Plaza (Thrissur district) on NH 544 for four weeks.
The Division Bench of Justices A. Muhammed Mustaque and Harisankar V. Menon passed the order in a batch of petitions challenging the toll collection.
Actor Shwetha Menon Approaches Kerala High Court Seeking To Quash FIR Over Obscenity Allegations
Case Title: Shwetha Menon v State of Kerala and Ors
Case No: Crl.M.C. 7075/2025
Actor Shwetha Menon has approached the High Court of Kerala seeking to quash criminal proceedings initiated against her under allegations including obscenity and involvement in immoral activities. The petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, comes in the wake of an FIR registered at the Ernakulam Central Police Station.
Kerala High Court Stays Proceedings Against Actor Shwetha Menon In Obscenity FIR
Case title: Shwetha Menon vs. State of Kerala and another
Case No: Crl.M.C. 7075/2025
The Kerala High Court on Thursday (August 7) stayed proceedings in FIR lodged against Malayalam actor Shwetha Menon for allegedly acting in movies and advertisements containing obscene and vulgar visuals for monetary gain.
Justice V G Arun observed that "I find prima-facie substance in the contention of the learned counsel for the petitioner that before referring the complaint for investigation under Section 175 BNSS...the requirements under Section 175(3) of calling for a report from the police and of making an inquiry ought to have been complied with. Considering the short duration within which complaint was filed and forwarded to police, it appears that no such procedure has been followed".
Case Title: M.C. Kamarudheen v. State of Kerala and connected case
Case No: Bail Appl. No. 6063/2025 and connected case
The Kerala High Court on Thursday (August 7) orally asked if the offence of cheating under Section 420 IPC would be made out if the complainants in the Fashion gold case turned out to be shareholders of the four accused companies.
Justice Bechu Kurian Thomas was considering the bail pleas of former MLA M.C. Kamarudheen and his business associate T.K. Pookoya Thangal, who respectively were the Chairman and Managing Director of the four accused companies, Fashion Gold International, Fashion Ornaments Pvt. Ltd., Qamar Fashion Gold Pvt. Ltd., and Nujum Gold Pvt. Ltd.
NHAI Can't Force Public To Pay Toll If Highways Are Not Well-Maintained: Kerala High Court
Case Title: Shaji J Kodankadath v Union of India and connected cases
Case No: WP(C) 20253/2021 and connected cases
The Kerala High Court recently observed that toll fees cannot be collected from the public when access to highway is hindered due to ill-maintained roads and consequent traffic congestion. It, therefore, suspended the toll collection in Paliyekkara Toll Plaza in Thrissur district for four weeks.
The Division Bench of Justices A. Muhammed Mustaque and Harisankar V. Menon delivered the interim order.
Case No: WP(PIL) 98/2025
Case Title: Angels Nair v. Union of India and Ors.
A public interest litigation (PIL) has been moved before the Kerala High Court by wildlife activist Angels Nair praying for peaceful resolution of wildlife conflicts in the State.
The PIL also prays for the implementation of the recommendations dated 31.03.2022 made by the Comptroller and Auditor General (CAG) regarding preventive and mitigative measures in respect of Human Wildlife Conflict. According to the plea, the report of the CAG was tabled in the Kerala Assembly on 11.07.2024.
Case Title: K T Subramanian & Ors v State of Kerala & Ors and Connected matters
Case No: WP (C ) 7380/ 2025 and connected matters
The Kerala High Court has expressed concern over the State Government's failure to frame rules for conducting periodic inspections of clinical establishments, including government hospitals, even seven years after enactment of the Clinical Establishments (Registration and Regulation) Act, 2018.
The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing writ petitions filed calling for safety standards at public medical facilities, following the collapse of Kottayam Medical College building. The 2018 Act covers two primary areas — registration of clinical establishments and maintenance of prescribed standards.
Veterinary Student Death: Kerala High Court Permits Family To Withdraw ₹7 Lakh Awarded By NHRC
Case Title: State of Kerala v. Sandeep Vaachaspati and Ors.
Case No: WP(C) No. 23660/2025
The Kerala High Court on Friday (August 8) passed an interim order permitting the parents of deceased veterinary student Sidharthan J.S., who allegedly committed suicide last year, to withdraw the amount of Rupees 7 Lakh deposited by the state government with the Registry as per the high court's earlier direction.
The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji admitted the petition and directed the withdrawal, stating that the withdrawal would be subject to the outcome of the petition.
Case Title: Suo Moto v. State of Kerala
Case Number: WP (C) 7844/2023
The Special Bench of the Kerala High Court on Friday (August 9) questioned about the waste disposal mechanism in trains, especially those like Vandebharat, which provides food to its passengers.
The Special Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P. was hearing the suo motu proceedings initiated in the wake of the Brahmapuram fire. The bench was constituted to monitor the waste management in the State.
Case Title: Petroleum Traders Welfare and Legal Service Society V State of Kerala
Case No: WP(C) 9329/ 2025
The All India Lawyers' Forum for Civil Liberties (AILF) has approached the Kerala High Court seeking to be impleaded in the ongoing writ petition, regarding the access to toilets in Petrol Pumps challenging the interim order that restricts washrooms use at privately owned petrol pumps to employees and customers only.
The Forum asserts that the interim order of the High Court has “a direct and adverse impact” on the fundamental and civil rights of the general public.