Nominal Index [Citations: 2025 LiveLaw (Ker) 491 - 501]Suo Motu Proceedings Initiated by the High Court v. State of Kerala and Ors., 2025 LiveLaw (Ker) 491Asif Azad v. Shafna C. and others, 2025 LiveLaw (Ker) 492Jollyamma Joseph @ Jolly v. State of Kerala, 2025 LiveLaw (Ker) 493Elvin John Mathew v State of Kerala, 2025 LiveLaw (Ker) 494M.N. Narayana Das v. State of Kerala, 2025 LiveLaw...
Nominal Index [Citations: 2025 LiveLaw (Ker) 491 - 501]
Suo Motu Proceedings Initiated by the High Court v. State of Kerala and Ors., 2025 LiveLaw (Ker) 491
Asif Azad v. Shafna C. and others, 2025 LiveLaw (Ker) 492
Jollyamma Joseph @ Jolly v. State of Kerala, 2025 LiveLaw (Ker) 493
Elvin John Mathew v State of Kerala, 2025 LiveLaw (Ker) 494
M.N. Narayana Das v. State of Kerala, 2025 LiveLaw (Ker) 495
Gowri Sankari V.S. and Anr. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 496
Mariamma Joseph and Others v Director of Local Fund Audit and Another, 2025 LiveLaw (Ker) 497
Biswajith Mandal v Inspector, Narcotic Control Bureau, 2025 LiveLaw (Ker) 498
Abdulla P. v. Manappuram General Finance and Leasing Ltd. and Anr., 2025 LiveLaw (Ker) 499
Zubair C.A. and Anr. v. Project Director, NHAI and Anr., 2025 LiveLaw (Ker) 500
XXX v State of Kerala, 2025 LiveLaw (Ker) 501
Judgments/ Orders This Week
Case Title: Suo Motu Proceedings Initiated by the High Court v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 491
The Kerala High Court recently imposed a cost of Rupees one lakh on a convict (2nd respondent), who had filed two criminal appeals before the Sessions Court, one of which resulted in confirmation of sentence and the other in acquittal.
Justice P.V. Kunhikrishnan observed that it is the duty of all stakeholders to work together and ensure that the criminal justice delivery system is protected.
Kerala High Court Imposes ₹50K Cost On Litigant Appearing In Person For Threatening Judge
Case Title: Asif Azad v. Shafna C. and others
Citation: 2025 LiveLaw (Ker) 492
The Kerala High Court recently imposed Rs. 50,000 cost on a litigant, who was appearing as party-in-person, for threatening the single judge hearing his case by stating that he has filed a complaint against the judge before the President of India and other authorities.
Referring to former CJI JS Khehar's opinion in the 2015 National Judicial Commission judgment Supreme Court Advocates-on-Record Association and Another v. Union of India , Justice P.V. Kunhikrishnan in his order observed:
"I am confident that I am upholding the oath I have taken, and I am discharging my duty in accordance with the Constitution of India. When I have faith in it, I am not bothered about such threats. The petitioner is threatening this Court by stating that he approached the President of India and other authorities against me. I am least bothered about the complaint submitted by the petitioner before the authorities because I am exercising my judicial powers in accordance with the law and the Constitution of India".
Case Title: Jollyamma Joseph @ Jolly v. State of Kerala
Citation: 2025 LiveLaw (Ker) 493
The Kerala High Court on Monday (August 11) refused to interfere with an order of the trial court denying permission to the prime accused in Koodathayi Murder case, Jollyamma Joseph alias Jolly Joseph, to inspect the place of occurrence of crime along with her new lawyer.
Justice V.G. Arun noted that the trial is at a fag end with 124 prosecution witnesses already examined and thus dismissed the petition challenging the impugned order of the trial court.
Case Title: Elvin John Mathew v State of Kerala
Citation: 2025 LiveLaw (Ker) 494
The Kerala High Court has held that the expression “without unnecessary delay” used in Section 21(1) of the Arms Act, 1959 in context of surrendering an arm after expiry of its license is too vague and thus, cannot form the basis for criminal prosecution unless.
Justice V.G. Arun held thus while quashing the proceedings against the petitioner, who was charged for depositing his licensed gun three months after the expiry of his licence.
Case Title: M.N. Narayana Das v. State of Kerala
Citation: 2025 Livelaw (Ker) 495
The Kerala High Court on Tuesday (August 12) granted regular bail to M.N. Narayana Das, who was accused of falsely implicating Chalakudy-based beauty parlour owner Sheela Sunny in a fake NDPS case.
Justice Bechu Kurian Thomas observed that he has been in custody for around 104 days and that his arrest is vitiated since the grounds were not mentioned to him.
Case Title: Gowri Sankari V.S. and Anr. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 496
The Kerala High Court recently quashed the criminal proceedings against two persons for allegedly posting negative comments in a whatsapp group regarding the collection of money to the CMDRF (Kerala Chief Minister's Distress Relief Fund) account for Wayanad landslide victims.
Justice V.G. Arun observed:
"The comments, when read as a whole, makes it apparent that they were posted during the course of a discussion regarding utilization of the contributions made to the CMDRF. There are comments about mis-utilisation of the money donated and also against the political party in power. Even if so, to assume that such comments are capable of causing riot among the public and nuisance to others, is to say the least, preposterous. That the comments are not palatable to a group of people or even to the Government, is no reason to initiate criminal prosecution against the petitioners, since the comments, though critical of the Government, are well within the bounds of law."
Case Title: Mariamma Joseph and Others v Director of Local Fund Audit and Another
Citation: 2025 LiveLaw (Ker) 497
The Kerala High Court has held that parties aggrieved by District Court decisions in surcharge proceedings initiated under the Kerala Local Fund Audit Act must file an appeal under Section 215(13) of the Kerala Panchayat Raj Act rather than directly invoking the High Court's writ jurisdiction.
A Division Bench comprising Justice Amit Rawal and Justice P.V. Balakrishnan delivered the judgment in an appeal against a 2013 District Court order which had quashed a surcharge order under Section 16 of the Kerala Local Fund Audit Act, 1994.
Case Title: Biswajith Mandal v Inspector, Narcotic Control Bureau
Citation: 2025 LiveLaw (Ker) 498
The Kerala High Court appointed two law students as amici curiae to assist in resolving a question on arrest and detention timelines in an NDPS case.
Justice Bechu Kurian Thomas noted the “commitment with which two law interns were watching the proceedings” and, with their consent, appointed Ms. Nikhina Thomas and Ms. Neha Babu, both second-year students at Ramaiah College, Bengaluru, as amici curiae.
Case Title: Biswajith Mandal v Inspector, Narcotic Control Bureau
Citation: 2025 LiveLaw (Ker) 498
Kerala High Court has held that the 24-hour deadline for producing an accused before a magistrate under Article 22(2) of the Constitution begins from the moment a person's liberty is effectively curtailed, rather than from the time police formally records the arrest.
Justice Bechu Kurian Thomas observed:
“The period of twenty-four hours to produce an accused before the Magistrate commences not when the actual time of arrest is recorded by the police, but runs from the time when the accused was effectively detained or his liberty was curtailed.”
Case Title: Abdulla P. v. Manappuram General Finance and Leasing Ltd. and Anr.
Citation: 2025 LiveLaw (Ker) 499
The Kerala High Court has held that the presumption in favour of a cheque holder under Section 139 of the Negotiable Instruments Act exists even if the non-banking financial company (NBFC) to which the cheque was issued charged interest higher than that permissible under the Kerala Money-Lenders Act.
Justice M.B. Snehalatha observed:
“The Hon'ble Apex Court held that the entire life of a NBFC from the womb to the tomb is regulated and monitored by the Reserve Bank of India. The non banking financial companies regulated by the Reserve Bank of India in terms of the provisions of Chapter IIIB of the RBI Act, 1934 cannot be regulated by the Kerala Money-Lenders Act, 1958. Therefore, the argument advanced by the learned counsel for the accused that the interest claimed by the complainant was excessive and in violation of Kerala Money-Lenders Act 1958 and therefore it was an illegal transaction and for that reason, Ext.P4 cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. are untenable. The presumption under Section 139 N.I Act entails an obligation on the court to presume that the cheque in question was issued by the drawer or accused in discharge of a debt or liability...”
Case Title: Zubair C.A. and Anr. v. Project Director, NHAI and Anr.
Citation: 2025 LiveLaw (Ker) 500
The Kerala High Court on Wednesday (August 13) dismissed three writ petitions challenging the setting up of a temporary toll plaza in Arikady in Kasargod district in the Thalappady-Cherkkala stretch of NH-66.
The petitioners challenged the proposed temporary toll as violative of Rule 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 for being less than 60km from another toll plaza on the same national highway.
Justice N. Nagaresh observed:
“Though Rule 8 mandates that a second Fee Plaza on the same Section of National Highway and in the same direction shall not be established within a distance of 60 Km., the first proviso to Rule 8(2) states that where the executing authority deems necessary, it may for reasons to be recorded in writing, establish or allow the concessionaire to establish another Fee Plaza within a distance of 60 Km…The NHAI has given clear reasons in this regard in Ext.R3(b) office notes evidencing sanction given by the appropriate authority.”
Case Title: XXX v State of Kerala
Citation: 2025 LiveLaw (Ker) 501
The Kerala High Court has held that allegations of sexual intercourse based on a false promise of marriage cannot be sustained when the complainant is already in a subsisting marriage.
Justice Bechu Kurian Thomas, while granting regular bail to the petitioner accused of sexually assaulting a woman on the pretext of marriage, observed.
Other Important Developments This Week
Committee Constituted To Review Film Ticket Pricing: State Tells Kerala High Court
Case Title: Manu Nair G v State of Kerala and Others
Case No: WP(PIL) 52/ 2025
The Kerala government on Monday (August 10) informed the High Court that it has constituted a Committee to enquire into matters relating to regulation of ticket charges in cinema theatres and multiplex theatres.
The submission was made before a division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji which was hearing a Public Interest Litigation seeking fixation of ticket prices in Kerala.
KTU Vice-Chancellor Moves Kerala High Court Seeking Direction To Resolve Administrative Stalemate
Case Title: Dr. Sivaprasad v. State of Kerala and Ors.
Case No: WP(C) 29777/2025
Dr. Sivaprasad, Vice-Chancellor of APJ Abdul Kalam Technological University, has approached the Kerala High Court seeking interference by the Court to resolve the administrative stalemate in the University.
As per the plea, a few members of the Syndicate (respondent 2 to 4) are abstaining from attending the Syndicate meeting, due to political reasons. These respondents, namely, the Secretary to Government, Department of Finance, Secretary to Government, Department of Higher Education, Director of Technical Education were not attending the meetings, leading to dispersal of the same due to want of quorum. Thus, the budget meeting has been in abeyance.
When the matter came up for consideration before Justice N. Nagaresh on Monday (August 11), the judge recused.
Case Title: Joint Director v. Secretary, Travancore Devaswom Board
Case No: DBAR No. 2/2025
The Kerala High Court on Friday (August 8) pulled up the Travancore Devaswom Board over reported embezzelment of ₹40 lakh from a petrol pump run by it at Nilakkal, a base camp of Sabarimala pilgrims.
Noting that the Board administers 1,250 temples, the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar ordered digitalisation of all their accounts and sought a comprehensive report in the matter.
Case Title: Suo Motu v. State of Kerala and Ors.
Case No: SSCR No. 19/2025
The Kerala High Court on Thursday (August 7) directed the Travancore Devaswom Board to halt the construction of a newly proposed pond 'Bhasmakkulam' in the light of the fact that no structural assessment or geotechnical study was undertaken regarding the same.
Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that no structural drawings have been prepared prior to the commencement of the work and directed the Board to refrain from proceeding with the construction of the proposed pond until further orders.
Case Title: Abrid Shine v State of Kerala and Connected case
Case Number: Crl. MC No. 7170/ 2025 and connected case
The Kerala High Court on Tuesday (August 12) stayed proceedings initiated against Malayalam film actor Nivin Pauly and director Abrid Shine in connection with an alleged ₹1.9 crore fraud case.
Justice V.G. Arun heard the petitions filed by Nivin Pauly and Abrid Shine together and passed the interim order.
Case Title: Dr. Sivaprasad v. State of Kerala and Ors.
Case No: WP(C) 29777/2025
The Kerala High Court on Tuesday (August 12) issued notice on a plea by APJ Abdul Kalam Technological University's (KTU) Vice-Chancellor Dr. K. Sivaprasad seeking court's interference to resolve alleged administrative stalemate.
A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji were considering a suo motu PIL initiated after receipt of a letter from the teachers and students of the aforesaid school regarding flooding and interruption of classes.
Case Title: Purushothaman v. Owners and Parties Interested in the vessel MV MSC Palermo and Anr., and other cases
Case No: Adml. Suit Nos. 15, 16, 17 and 18 of 2025
The Kerala High Court on Tuesday (August 12) ordered the conditional arrest of MV MSC Palermo, a sister ship of MSC Elsa 3 that capsized off the coast of Kerala on May 25, 2025.
Justice Easwaran S. passed the order in the interim applications made in four separate admiralty suits. The plaintiffs claimed that they have suffered damage to their fishing vessels caused by the floating debris of MSC Elsa 3 in the sea.
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala v. State Of Kerala
Case No: WP(C) 28509/ 2024 & Connected Cases
The Kerala High Court on Wednesday (August 13) said that it would give one last chance to the Central Government to revert on the issue regarding waiver of loans taken by the victims of the Wayanad landslides.
The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:
"Post these matters on 10th September. This is the last chance for the Central government to revert to this Court regarding their decision on loan waiver."
Toilets In Petrol Pumps Along National Highways Must Be Open To Public 24/7 : Kerala High Court
Case Title: Petroleum Traders Welfare and Legal Service Society v. State of Kerala
Case Number: WP(C) 9329/ 2025
The Kerala High Court today modified its earlier interim order to mandate that all petroleum retail outlets located along National Highways in the state keep their washrooms open to the public 24/7.
Today, Justice C.S. Dias, modified the order, 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.
Actress Assault Case: Kerala High Court Seeks Sessions Court's Report On Delay In Concluding Trial
The Kerala High Court has called for a status report from the Principle District and Sessions Court in Ernakulam, which is trying the actress assault case since 2018.
The Registrar (District Judiciary) called for the report after a petition was filed by MR Ajayan, journalist and editor at Green Kerala News. Ajayan wrote to the Court alleging delay in concluding the trial.
Case Title: Baiju Paul Mathews v State of Kerala and connected case
Case No: WP(C) 7858/ 2025 and connected case
The Kerala High Court has urged the State government to adopt a “reimagined” and inter-departmental strategy to address escalating human–wildlife conflicts in Aaralam Farm, Kannur district, and Wayanad.
A division bench comprising Justice Jayasankaran Nambiar and Justice Jobin Sebastian made the remarks during a hearing on Wednesday, after reviewing on-ground realities and hearing submissions from top State officials, including the Chief Secretary.
Case Title: C.P. Ajithkumar v State of Kerala
Case No: WP(C) 32680/ 2008
“The right to a motorable road, without any doubt, is now a constitutional right, because the right to travel is within the compass of the fundamental right,” the Kerala High Court orally observed today.
Justice Devan Ramachandran made the remark while dealing with a case concerning “spate of accidents” in the State owing to poor road maintenance and rampant traffic violations.
Case Title: Akhilanandan v. Owners and Parties Interested in the vessel MV MSC Makoto II and Anr., and other cases
Case No: Adml. Suit Nos. 19, 20, 21, 22, 23, 24 and 25 of 2025
The Kerala High Court on Thursday ordered the conditional arrest of MV MSC Makoto-II, a vessel flying the flag of Panama in six separate admiralty suits claiming damages totalling around Rupees 2.8 crores.
After considering the supporting documents produced by the plaintiffs, Justice Easwaran S. passed the interim orders for arrest of the vessel, which is presently at Vizhinjam Port in Thiruvananthapuram, until security is paid by the ship owners for the aforesaid amount.
The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court outlining the need to incorporate Rules in the Rules of the High Court of Kerala regarding the engagement of amicus curiae in cases.
Last week, one of the Benches of the Court had appointed two law students as amici curiae in a bail application related to an offence under the NDPS Act for carrying commercial quantity of ganja. Expressing its displeasure regarding appointment of non-lawyers for assisting the court, the KHCAA stated that it hoped that such practice would not be repeated by any judge.
Dowry Prohibition Portal in Place for Public Complaints : State Tells Kerala High Court
The submissions were made via a counter affidavit submitted by the State on the ongoing PIL filed by a law graduate and public policy professional, seeking a direction to the State to bring in accountability regarding the complaints made pursuant to Rule 5 of the Kerala Dowry Prohibition Rules, 2004 and the action taken on the same.
The counter affidavit was submitted before the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji.