Nominal Index [Citations: 2025 LiveLaw (Ker) 502 - 518]P.C. Tomy v. State of Kerala and connected case, 2025 LiveLaw (Ker) 502Adv. Richard Rajesh Kumar and Anr. v. Union of India and Ors., 2025 LiveLaw (Ker) 503Appachan v. SI of Police and Anr., 2025 LiveLaw (Ker) 504Luckose Joseph v State of Kerala, 2025 Livelaw (Ker) 505Suo Motu v. AAA, 2025 LiveLaw (Ker) 506Muhammed Bilal and Anr. v. Union...
Nominal Index [Citations: 2025 LiveLaw (Ker) 502 - 518]
P.C. Tomy v. State of Kerala and connected case, 2025 LiveLaw (Ker) 502
Adv. Richard Rajesh Kumar and Anr. v. Union of India and Ors., 2025 LiveLaw (Ker) 503
Appachan v. SI of Police and Anr., 2025 LiveLaw (Ker) 504
Luckose Joseph v State of Kerala, 2025 Livelaw (Ker) 505
Suo Motu v. AAA, 2025 LiveLaw (Ker) 506
Muhammed Bilal and Anr. v. Union of India and Anr., and connected cases, 2025 LiveLaw (Ker) 507
Dr. Sivaprasad v State of Kerala, 2025 LiveLaw (Ker) 508
M.K. Aravindakshan and Anr. v. M.R. Pradeep and Ors., 2025 LiveLaw (Ker) 509
Suo Motu v. Union of India and Ors., 2025 LiveLaw (Ker) 510
Manilal v. State of Kerala, 2025 LiveLaw (Ker) 511
Sulaiman M S and Ors v State of Kerala and Ors. and Connected Matter, 2025 LiveLaw (Ker) 512
A. Chandran v. State of Kerala and Ors., 2025 LiveLaw (Ker) 513
Rev. Fr. Dr. Abraham Thalothil v. State of Kerala, 2025 LiveLaw (Ker) 514
T.M. Hariprasad v. State of Kerala and Ors., 2025 LiveLaw (Ker) 515
Liviya Jose v. State of Kerala, 2025 LiveLaw (Ker) 516
Bhargavan Pillai and Ors. v District Geologist and Ors., 2025 LiveLaw (Ker) 517
Sukumaran and Ors. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 518
Judgments/ Orders This Week
Case Title: P.C. Tomy v. State of Kerala and connected case
Citation: 2025 LiveLaw (Ker) 502
The Kerala High Court on Monday (August 18) granted bail to two persons booked in the Angamaly Urban Cooperative Society scam case, who along with other accused are booked for misappropriating ₹115.8 Crores by allegedly granting fake loans.
Justice A. Badharudeen granted the bail to the 5th accused PC Tomy and 12th accused Elsy Varghese, who were both board members of the society, in the 2024 criminal case registered by Crime Branch Ernakulam, noting that they did not have any past criminal records and the investigation has progressed well.
Case Title: Adv. Richard Rajesh Kumar and Anr. v. Union of India and Ors.
Citation: 2025 LiveLaw (Ker) 503
The Kerala High Court has recently passed detailed directions to revive the defunct Kochi Metropolitan Transport Authority (KMTA), a body envisaged under the Kerala Metropolitan Transport Authority Act, 2019. The body was notified by the government of Kerala by an official Gazette on 30 October 2020.
While considering a writ petition seeking a direction to revive the KMTA, the Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji directed that the authority, which has remained on paper for the past five years, must be made functional by the Kerala Day, 1 November 2025.
Case Title: Appachan v. SI of Police and Anr.
Citation: 2025 LiveLaw (Ker) 504
The Kerala High Court has quashed the criminal proceedings initiated against film distributor Appachan, prominently known as Swargachitra Appachan booked for allegedly tampering with Malayalam film 'Vellinakshtram'.
A crime was registered, alleging insertion of a scene in the film after it was certified by the Censor Board.
Dr. Justice Kauser Edappagath observed that since there was absolutely no material to show that the scene in question was inserted after the film was certified by the Censor Board, the offence would not stand.
Case Title: Luckose Joseph v State of Kerala
Citation: 2025 Livelaw (Ker) 505
The Kerala High Court has observed that while a valid sanction is prerequisite for prosecuting public servants under the Prevention of Corruption Act, mere error or irregularities in the sanction order will not alter/reverse any finding, sentence or order of a court unless it causes failure of justice.
Partly allowing an appeal, Justice A Badharudeen passed the order while confirming the conviction of the appellant, a former Village Officer for demanding and accepting a bribe of ₹250 in 2001 for issuing possession certificates in respect of a property, but reduced his sentence to the statutory minimum.
Case Title: Suo Motu v. AAA
Citation: 2025 LiveLaw (Ker) 506
The Kerala High Court on Monday (August 18) closed the suo motu criminal contempt proceedings initiated against Ettumanoor-based lawyer after he filed an affidavit furnishing his unconditional apology.
A Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar closed the contempt proceedings, which were initiated after the advocate allegedly disrupted the proceedings of the Judicial First Class Magistrate-I, Ettumanoor on 02.02.2023.
Kerala High Court Grants Bail To 4 PFI Members Booked For Murder Of RSS Leader Srinivasan
Case Title: Muhammed Bilal and Anr. v. Union of India and Anr., and connected cases
Citation: 2025 LiveLaw (Ker) 507
The Kerala High Court on Tuesday (August 19) granted bail to four persons, who are members of the Popular Front of India (PFI), accused of the alleged murder of BJP activist K.S. Srinivasan at Melamuri Junction in Palakkad Town in Kerala on April 16, 2022.
A Division Bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar granted bail to Muhammed Bilal, Riyasudheen, Ansar K.P., and Saheer K.V. in the appeals filed by them under Section 21 of the National Investigation Agency Act, 2008.
Case Title: Dr. Sivaprasad v State of Kerala
Citation: 2025 LiveLaw (Ker) 508
The Kerala High Court has dismissed a writ appeal filed by Dr. Sivaprasad, Vice-Chancellor of APJ Abdul Kalam Technological University (KTU), challenging the interim order dated August 19, by which a single judge had declined to grant interim relief in his writ petition to resolve the 'administrative stalemate' in the University..
The division bench comprising Justice Anil K Narendran and Justice Muralee Krishnan S dismissed the appeal and held that the interim relief sought in the writ petition and the main relief were essentially the same.
Case Title: M.K. Aravindakshan and Anr. v. M.R. Pradeep and Ors.
Citation: 2025 LiveLaw (Ker) 509
The Kerala High Court has recently passed a judgment taking away the police protection granted to a couple to close down the gate in their property after noting that there was no law-and-order situation made out.
The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed:
“The police force operates with limited resources and has to attend to various duties, often emergent ones. Routinely ordering police protection under Article 226 of the Constitution of India, without the apprehension of serious law and order issues being established, would divert the time and energy of the police force from areas where genuine law and order issues exist. Thus, orders for police protection may have implications extending beyond the parties before the Court, and this is a factor which the writ court ought to keep in mind.”
Case Title: Suo Motu v. Union of India and Ors.
Citation: 2025 LiveLaw (Ker) 510
The Kerala High Court on Thursday (August 21) directed the formation of a body called the 'Lakshadweep Judicial Administration and Infrastructure Committee' for finding long-terms solutions to improve the judicial administration and infrastructure of the Union Territory (UT) of Lakshadweep.
The Special Bench of Chief Justice Nitin Jamdar and Justice Ziyad Rahman A.A. observed:
"With the positive stand taken by the Union Territory Administration during the hearing of this petition and in the meetings, many issues were resolved by consensus of UT Administration and the High Court Administration. Pursuant to our directions over the last six months, joint meetings were held, the officers met, discussed the issues, found solutions, and evolved timelines...However, for long-term solutions, these informal initiatives need to be formalised in the form of a permanent committee - “Lakshadweep Judicial Administration and Infrastructure Committee”.
Case Title: Manilal v. State of Kerala
Citation: 2025 LiveLaw (Ker) 511
The Kerala High Court recently quashed the criminal proceedings initiated against a man for allegedly using filthy language, hitting plastic chairs on the floor and throwing files in the Tahsildar's office in Kollam.
Highlighting the need for empathy and humane touch in bureaucracy, Justice P.V. Kunhikrishnan observed:
“A humane touch is necessary in every administrative act of bureaucrats. It is often said that every file has a face, and every decision has a consequence. Behind every decision, there is a person with hopes, fears and dreams. Every decision made in an office affects a life outside of it. Administrative decisions are not just papers; they are lives in progress. The success of democracy is not just about governance by elected representatives of the people alone, but it also relies on the way bureaucrats support such a government with a humane approach.”
Case Title: Sulaiman M S and Ors v State of Kerala and Ors. and Connected Matter
Citation: 2025 LiveLaw (Ker) 512
The Kerala High Court has ordered fair compensation for the acquisition proceedings initiated by the State to compensate a minority- run private school, terming the move to avoid payment for full compensation, a “dubious attempt” to circumvent constitutional safeguards.
The division bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon, delivered the judgment, allowing a writ appeal and the connected matter, held that the State cannot bypass constitutional protections under Article 30(1A) through indirect arrangements.
Case Title: A. Chandran v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 513
The Kerala High Court recently held that the period of service before the commencement of the Advocates' Clerks Welfare Scheme Rules, 1985 can be considered to see if an advocate clerk is eligible to get the benefit of the Scheme.
Justice Harisankar V. Menon passed the judgment while considering a plea by an advocate clerk, who started his work in the year 1970.
No Violation Of Article 14 In Denying Property Tax Exemption To Unaided Schools: Kerala High Court
Case Title: Rev. Fr. Dr. Abraham Thalothil v. State of Kerala
Citation : 2025 LiveLaw (Ker) 514
The Kerala High Court stated that there is no violation of Article 14 in denying property tax exemption to unaided schools.
Justice Ziyad Rahman A.A. stated that the fact that the Government owned, managed and aided schools are established by the Government at their funds in order to provide education to all classes of persons by collecting nil or meagre fees, is a crucial factor which distinguishes such establishments from an unaided school, where fees is collected from the students for rendering the services.
Case Title: T.M. Hariprasad v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 515
The Kerala High Court recently passed a judgment holding that the village panchayat does not have the powers to suo motu review or cancel a building permit which was validly given by the Panchayat Secretary.
Referring to Rules 9, 13 and 14 of the Kerala Panchayat Building Rules and the state Panchayat Raj Act, Justice C.S. Dias observed,
“A co-joint reading of the above provisions makes it abundantly clear that the jurisdiction to decide an application for a building permit rests solely with the Secretary. It is only when the Secretary does not approve or disapprove an application within 15 days that the Village Panchayat gets jurisdiction to decide the application, provided the applicant submits a written request...The legislation statute bars the Panchayat, its President or members from interfering with the statutory powers entrusted exclusively to its officers, and there is a clear separation/bifurcation of powers between the Village Panchayat and its Secretary”.
Case Title: Liviya Jose v. State of Kerala
Citation: 2025 LiveLaw (Ker) 516
The Kerala High Court on Saturday (August 23) granted regular bail to Liviya Jose, who was accused of falsely implicating Chalakudy-based beauty parlour owner Sheela Sunny in a fake NDPS case.
Justice Bechu Kurian Thomas observed, "The petitioner is a young lady of 21 years...Considering the period of custody already undergone, I am of the view that further detention is not necessary."
Case Title: Bhargavan Pillai and Ors. v District Geologist and Ors.
Citation: 2025 LiveLaw (Ker) 517
The Kerala High Court held that contractors executing National Highway projects cannot claim automatic exemption from environmental clearance (EC) requirements merely because they hold a work order from the National Highways Authority of India (NHAI). They have to show that they are holding a work order executed before March 21, 2024, and that they are doing the work exclusively for the linear project.
Justice C Jayachandran delivered the judgment in a writ petition filed by residents of Kurampala Village in Pathanamthitta, opposing a large-scale excavation of ordinary earth from 'Erichurili Mala' by Respondent 7, Viswasamudra Engineering Pvt. Ltd., a contractor engaged in six laning of NH-66 from Kottukulangara-Kollam bypass.
Case Title: Sukumaran and Ors. v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 518
The Kerala High Court recently held that even non-legal heirs of a complainant can continue prosecution of the complaint upon his death, even if his legal heirs are alive and have not come forward to prosecute.
Dr. Justice Kauser Edappagath observed that Section 302 of CrPC empowers a Magistrate to permit “any person” to prosecute the complaint. The bench observed that even a non-legal heir of a complainant in a complaint case can be permitted to continue the prosecution on the death of the complainant, although his legal heirs are alive and have not come forward to prosecute the case.
Other Important Developments This Week
Kerala High Court To Consider Vedan's Anticipatory Bail In Rape Case Tomorrow, Impleads Complainant
Case Title: Hiran Das Murali v. State of Kerala and Ors.
Case No: Bail Appl. No. 9377/2025
The Kerala High Court on Monday (August 18) permitted the complainant in a rape case filed against rapper Vedan, officially known as Hiran Das Murali, to be impleaded as a party-respondent in his plea seeking anticipatory bail.
Justice Bechu Kurian Thomas thus allowed the plea moved by the de facto complainant, on whose complaint the case was registered by Thrikkakkara Police under Sections 376 [Punishment for rape] and 376(2)(n) of the Indian Penal Code.
Case Title: Periyar Malineekarana Virudha Samithi v State of Kerala and connected cases and connected Matters
Case No: WP(C) 996/ 2012 and Connected Matters
While hearing a batch of matters concerning pollution of Periyar river, the Kerala High Court has sought urgent action with respect to the river's tributary Kuzhikandam Thodu, reiterating the need for a unified river authority.
During the hearing a division bench of Justice Devan Ramachandran and Justice M B Snehalatha expressed serious concern over the continuing inaction on cleaning and restoring of the tributary.
Kerala High Court Prevents Arrest Of Rapper Vedan In Alleged Rape Case
Case Title: Hiran Das Murali v. State of Kerala and Ors.
Case No: Bail Appl. No. 9377/2025
The Kerala High Court on Tuesday (August 19) passed an interim order not to arrest Rapper Vedan while considering his anticipatory bail plea in a case alleging rape on false promise to marry.
Justice Bechu Kurian Thomas observed that Vedan shall not be arrested since his bail application is being considered by the Court.
Case Title: Dr. Sivaprasad v State of Kerala and Ors.
Case No: WP(C) 29777/ 2025
The Kerala High Court on Tuesday (19, August) refused to grant interim relief sought by Dr. Sivaprasad, Vice-Chancellor of APJ Abdul Kalam Technological University (KTU), in a writ petition challenging the repeated absence of key government officials from the university's Syndicate meetings.
Justice C.S. Dias, after considering the submissions, observed that the interim relief sought was identical to the main relief, that the Syndicate meeting date had already lapsed, and that the issue was pending before the Supreme Court. The Court concluded that the VC had not satisfied the required conditions for grant of interim relief and accordingly declined the request.
Case Title: G Samuel & Others v State of Kerala (Deleted) & Others
Case No: WP (PIL ) 74/ 2025
The Kerala government on Wednesday informed the High Court that it has constituted a Grievance Redressal Committee under the Clinical Establishments (Registration and Regulation) Act, 2018 by an order dated August 19.
The submissions were made before the division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, while hearing a writ petition filed calling for safety standards at public medical facilities, following the collapse of Kottayam Medical College building.
Case No: WP(C) 29846/ 2024 and other matters
Case Title: Navas A @ Paichira Navas v State of Kerala and other matters
The Kerala High Court on Wednesday (August 20) orally told the State that intersectionality aspects must also be considered when drafting an equality legislation for the protection of women in the entertainment industry.
The Special Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha considering the batch of cases relating to the Hema Committee report orally observed,
“The one thing that you need to keep in mind when you discuss, it is not mere male-female bifurcation. You need to keep in mind the intersectionality aspect also. When you are talking about equality and gender parity, you have to also understand how this operate in a realm where you don't have a homogeneous group representing females. Or male for that matter. Homogeneity in a class is what has led us in our rulings on equality thus far. Maybe that needs a reimagination…”
Case Title: Esai Clara v. State of Kerala and others.
Case No: WP(C) 30999/ 2025
The Kerala High Court has sought the State government's stand on a law aspirant's plea seeking reservation under the transgender category for admission to the Integrated Five Year LL.B Course in Government Law College, Kozhikode.
When the matter came up for consideration, Justice N. Nagaresh directed the government pleader to get instructions.
Kerala High Court Extends Rapper Vedan's Interim Protection From Arrest In Rape Case Till August 25
Case Title: Hiran Das Murali v State of Kerala and Ors.
Case No: Bail Appl. 9377/ 2025
The Kerala High Court extended its interim order, protecting Rapper Vedan from arrest in a case alleging rape on false promise to marry.
Justice Bechu Kurian Thomas extended the protection till the next date of hearing, i.e. August 25.
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 has directed the constitution of a committee to devise an interim traffic management plan on the congested stretch in NH 544, particularly around the Paliyekkara Toll Plaza.
The division bench comprising Justice A. Muhammed Mustaque and Justice Harisankar V. Menon observed that a monitoring mechanism is essential to ensure smooth traffic movement.
Case Title: Elsa 3 Maritime Inc. and Ors. v. Saji Surendran and Ors.
Case No: IA No. 3/2025 in Adml. Suit No. 14/2025
The Kerala High Court on Thursday (August 21) allowed the owners of capsized MSC Elsa 3 ship to take out paper publication in the admiralty suit filed by them for limiting the liability for maritime claims arising from the losses caused due to the sinkage of the ship. The suit was filed by the plaintiffs before the High Court under Part XA of the Merchant Shipping Act, 1958 which provides for limitation of liability of the ship owners.
Justice M.A. Abdul Hakhim passed an interim order allowing the plaintiffs to publish a notice in all the editions of Malayalam daily Malayala Manorama, the Kochi and Bombay editions of the Times of India and an international publication, Trade Winds.
Case Title: Suo Motu v. State of Kerala and Ors.
Case No: WP(C) 32952 of 2024
The Kerala High Court on Tuesday (August 19) clarified guidelines to be followed by police personnel for arresting persons within court premises, along with a grievance redressal mechanism to be followed at the state and district levels.
The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian passed the order in a suo motu case initiated by the Court to deal with the instances of violence by police against the legal fraternity after an alleged attack on a lawyer by police officers on the premises of Ramankary Magistrate Court, Alappuzha. The case was initiated based on a letter to the Court by the Kerala High Court Advocates' Association (KHCAA).
Case Title: C P Ajithkumar v State of Kerala
Case No: WP(C) 32680/ 2008
The Public Works Department (PWD) of the Kerala government on Thursday (August 21) told the High Court that it has begun restoration works on roads all over the State.
The submission was made to Justice Devan Ramachandran, who was considering the issue of poor road conditions in the State and the accidents which are caused by the same.
Case Title: Stephen V. Thomas v. Bar Council of India and Ors.
Case No: WP(C) No. 31555/2025
A law graduate moved the Kerala High Court on Friday (August 22) praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.
When the matter came up, Justice N. Nagaresh gave time to the standing counsel of the High Court to take instructions about its willingness to conduct the enrolment.
Case Title: Suo Motu v State of Kerala
Case No: SSCR No. 13 of 2025
Kerala State Electricity Board (KSEB) on Friday submitted before the Kerala High Court, the suggestion for forming a Technical Committee for the Safety of Pilgrims, in the suo moto proceedings initiated following the death of a pilgrim at Sabarimala by electrocution from a water kiosk maintained by the Kerala Water Authority (KWA)
The division bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar heard the matter.