Nominal Index [Citations: 2025 LiveLaw (Ker) 519 - 537]A.M. Noushad v. State of Kerala and Anr., 2025 LiveLaw (Ker) 519Kadakampally Manoj v State of Kerala and Ors and connected cases, 2025 LiveLaw (Ker) 520Navas A v State of Kerala, 2025 LiveLaw (Ker) 521Santhy Krishnan v State of Kerala, 2025 LiveLaw (Ker) 522Renjith Krishnan R. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 523V.D....
Nominal Index [Citations: 2025 LiveLaw (Ker) 519 - 537]
A.M. Noushad v. State of Kerala and Anr., 2025 LiveLaw (Ker) 519
Kadakampally Manoj v State of Kerala and Ors and connected cases, 2025 LiveLaw (Ker) 520
Navas A v State of Kerala, 2025 LiveLaw (Ker) 521
Santhy Krishnan v State of Kerala, 2025 LiveLaw (Ker) 522
Renjith Krishnan R. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 523
V.D. Satheeshan MLA & Others v State of Kerala and Ors., 2025 LiveLaw (Ker) 524
Union of India v. Rasheeda Bano and Ors., 2025 LiveLaw (Ker) 525
Suo Motu v. State of Kerala and Ors., 2025 LiveLaw (Ker) 526
Hiran Das Murali v. State of Kerala and Ors., 2025 LiveLaw (Ker) 527
State of Kerala v. K. Surendran, 2025 LiveLaw (Ker) 528
Bobby Kuruvila v. State of Kerala and Ors., 2025 LiveLaw (Ker) 529
State of Kerala v Jithakumar K and Anr and Connected matters, 2025 LiveLaw (Ker) 530
Harikumar v State of Kerala, 2025 LiveLaw (Ker) 531
Lulu Hyper Market Pvt. Ltd v. The District Collector and connecter Matter, 2025 LiveLaw (Ker) 532
Treasa K J v State of Kerala, 2025 LiveLaw (Ker) 533
Cochin Port Trust v State of Kerala and connected matters, 2025 LiveLaw (Ker) 534
Kerala Taxi Drivers Organisation v State of Kerala and Anr and connected matters, 2025 LiveLaw (Ker) 535
Vishnu v. State of Kerala, 2025 LiveLaw (Ker) 536
V.D. Tomy v. State of Kerala and Anr., 2025 LiveLaw (Ker) 537
Judgments/ Orders This Week
Case Title: A.M. Noushad v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 519
The Kerala High Court has recently clarified that there is no need to simultaneously seize the forest produce and the vehicle used in committing a forest offence, however, there must be a reasonable nexus and a reasonable interval between the two seizures.
The Division Bench of Chief Justice Nitin Jamdar and Justice P.V. Kunhikrishnan was considering a question referred by a Single Judge to examine whether there was a divergent view made out in the decisions in Divisional Forest Officer v. Amina [1999 (1) KLJ 433] and DFO, Kothamangalam v. Sunny Joseph [2002 (3) KLT 641].
Case Title: Kadakampally Manoj v State of Kerala and Ors and connected cases
Citation: 2025 LiveLaw (Ker) 520
The Kerala High Court has set aside the State Government's refusal to grant sanction for prosecuting former officials of the Kerala State Cashew Development Corporation (KSCDC) including the ex-Chairman R Chandrasekharan and ex-MD K A Ratheesh, in a corruption case investigated by the CBI.
Dr. Justice Kauser Edappagath, in his order directed the Industries Department to reconsider the CBI's request for sanction within three months, while keeping further trial proceedings in abeyance until then.
Case Title: Navas A v. State of Kerala
Citation: 2025 LiveLaw (Ker) 521
The Kerala High Court today dismissed a PIL challenging appointment of former Finance Minister Dr Thomas Isaac as the advisor of Kerala Knowledge Economy Mission (KKEM).
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji while pronouncing the order said,
"The State government has engaged as someone who is an expert in the field as an advisor, who has agreed to work on a voluntary basis. The writ is unsupported by proper research. It is unfortunate that respondent no.5 (Isaac) was subject to such petition. Writ petition is dismissed."
Case Title: Santhy Krishnan v State of Kerala
Citation: 2025 LiveLaw (Ker) 522
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: Renjith Krishnan R. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 523
The Kerala High Court imposed Rs. 25,000 fine on a public interest litigant who suppressed his "personal interest" in the matter and did not disclose proper credentials which amounts to abuse of law.
The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji emphasized that there is a need to disclose the full credentials of petitioners in Public Interest Litigations (PILs) by way of detailed affidavits at the threshold, to avoid misuse of the jurisdiction.
Case Title: V.D. Satheeshan MLA & Others v State of Kerala and Ors.
Citation: 2025 Livelaw (Ker) 524
The Kerala High Court today dismissed a writ petition filed by two Congress leaders challenging the installation of AI cameras for 'Automated Traffic Enforcement' in the State and and seeking a Court monitored enquiry into the Safe Kerala project.
The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji observed,
"Having thoroughly reviewed the claims in writ petition, the counter affidavit and the legal arguments from both counsels, we are compelled to conclude that the petitioners have failed to provide any evidence from which this Court could reasonably infer the existence of malafides, illegality, corruption or procedural impropriety in the contract for the AI camera installation under the Safe Kerala Project."
Case Title: Union of India v. Rasheeda Bano and Ors.
Citation: 2025 LiveLaw (Ker) 525
The Kerala High Court has recently held that citizenship of India cannot be granted to a foreign national in the absence of a Renunciation Certificate, by mere surrender of passport issued by the country of origin, in this case Pakistan.
The Division Bench of Justices Sushrut Arvind Dharmadhikari and Syam Kumar V.M. was hearing the Central government's appeal against a single judge's order permitting two Pakistani minors (respondents 2 and 3) to be granted Indian citizenship without insisting on a Renunciation Certificate.
Kerala High Court Orders Strict Action Against Levy Of Excessive Locker Fees In Sabarimala
Case Title: Suo Motu v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 526
The Kerala High Court on Tuesday (August 26) directed initiation of strict action against a tender holder in Sabarimala for charging locker fees, much higher than that permissible by the tender conditions.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu case, which was initiated based on an anonymous complaint by a Telangana resident addressed to the Chief Justice. The complaint pertained to the unauthorized collection of locker charges at Pamba, Sabarimala allegedly resulting in revenue loss to the Travancore Devaswom Board.
Kerala High Court Grants Anticipatory Bail To Rapper Vedan In Rape Case
Case Title: Hiran Das Murali v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 527
The Kerala High Court on Wednesday (August 27) granted anticipatory bail to Rapper Vedan, officially known as Hiran Das Murali, in a case alleging rape on the false promise to marry.
Justice Bechu Kurian Thomas observed the fact that a new crime was registered against the rapper by another woman or that another crime may also be registered, are not matters under consideration in the instant case.
Case Title: State of Kerala v. K. Surendran
Citation: 2025 LiveLaw (Ker) 528
The Kerala High Court on Tuesday allowed the State government to withdraw the revision petition filed by it against the discharge of BJP leader K. Surendran in the Manjeshwaram election bribery case.
Justice P.V. Kunhikrishnan observed that as per the decision in Xavier Raj v. State of Kerala (2025 (4) KLT 257), revision petitions against discharge were not maintainable and the only remedy is an appeal under Section 14A the Scheduled Casts and Schedule Tribes (Prevention of Atrocities) Act, 1989
Case Title: Bobby Kuruvila v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 529
The Kerala High Court on Wednesday set aside the 2021 Government Order directing further investigation into a criminal case against retired DGP Tomin J. Thachankary for possessing illegal assets.
Reversing the judgment of the Single Judge dismissing the writ petition challenging the order, the Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:
“…we are at a loss to understand how the State Government could have exercised such a power to direct further investigation more than four years after the laying of the final report, and that too at the instance of material brought to their notice by an accused person who had already approached the jurisdictional court with a discharge petition that was eventually dismissed… In our view the State government did not have the power to issue such an order and, even if it did, the power was not exercised in the manner contemplated under law. The Government order dated 28.01.2021 was therefore clearly vitiated by legal mala fides.”
Case Title: State of Kerala v Jithakumar K and Anr and Connected matters
Citation: 2025 LiveLaw (Ker) 530
The Kerala High Court on Wednesday acquitted all the police officers earlier convicted for the custodial death of Udayakumar in Thiruvananthapuram.
A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar has overturned the convictions and held that the prosecution failed to prove beyond reasonable doubt that the accused officers were responsible.
[S.292 IPC] Courts Must View Video In Obscenity Case To Verify Allegations: Kerala High Court
Case Title: Harikumar v State of Kerala
Citation: 2025 LiveLaw (Ker) 531
The Kerala High Court has overturned the conviction of a man accused of possessing and distributing obscene video cassettes, holding that the trial court failed in its duty to directly verify the material evidence before finding him guilty.
Dr. Justice Kauser Edappagath, allowing the criminal revision petition, set aside the orders of both the Judicial Magistrate Court, Kottayam, and the Sessions Court, Kottayam.
Case Title: Lulu Hyper Market Pvt. Ltd v. The District Collector and connecter Matter
Citation: 2025 LiveLaw (Ker) 532
The Kerala High Court has quashed Revenue Divisional Officer's orders (RDO) reclassifying land owned by Lulu Hyper Market Pvt. Ltd. in Thrissur, observing that statutory procedure under Kerala Conservation of Paddy Land and Wetland Act had not been properly followed.
It thus directed a fresh evaluation of the land.
Justice Viju Abraham issued the judgment while disposing of two connected writ petitions, one filed by Lulu Hypermarket and the other filed by T.N. Mukundan, a member of the District Level Authorised Committee constituted under the Act, who opposed the conversion.
Kerala High Court Directs Vigil On Kochi's Canals, Closes Six-Year-Old PIL
Case Title: Treasa K.J. v. State of Kerala
Citation: 2025 LiveLaw (Ker) 533
The Kerala High Court on Wednesday (August 27) issued comprehensive directions for the upkeep of the Kochi city's canal and drainage system, while affirming the role of a high-level committee constituted earlier to oversee the matter.
Justice Devan Ramachandran, delivering judgment, noted that the 2018 floods were a “turning point” that exposed the fragility of Kochi's drainage infrastructure. “It was an eye-opener, but also a lesson that proper maintenance and decongestion of canals could mitigate inundation,” the Court observed.
Case Title: Cochin Port Trust v State of Kerala and connected matters
Citation: 2025 LiveLaw (Ker) 534
The Kerala High Court on Wednesday (27, August) has set aside an order issued by the State Chief Secretary directing the Cochin Port Trust to urgently remove sedimentation obstructing the flow of the Periyar River near the Vallarpadam railway bridge, holding that such a far-reaching decision required consultation with all stakeholders. The court also directed the state to find a comprehensive solution to the issue within three months.
Justice Devan Ramachandran delivered the judgment while considering a batch of cases relating to the sedimentation in Periyar river.
Case Title: Kerala Taxi Drivers Organisation v State of Kerala and Anr and connected matters
Citation: 2025 LiveLaw (Ker) 535
The Kerala High Court has upheld the State Transport Authority's (STA) decision mandating installation of surveillance cameras with fatigue-detection sensors, geo-fencing technology, and compulsory production of Police Clearance Certificates(PCCs) for transport personnel.
Justice Mohammed Nias C.P., delivered the judgment dismissing a batch of writ petitions petitions filed by stage carriage operators, private bus operators, taxi drivers' associations, educational institutions, and travel operators.
S. 232 BNSS | No Prohibition On Committal Courts To Consider Bail Applications: Kerala High Court
Case Title: Vishnu v. State of Kerala
Citation: 2025 LiveLaw (Ker) 536
The Kerala High Court has held that there is no prohibition on a committal court to consider the bail application of an accused person as per the second proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Justice V.G. Arun observed:
"The 2nd proviso casts a duty on the Magistrate to forward the applications filed by the accused or the victim to the Court of Session while committing the case. If the 2nd proviso is taken as a prohibition on the Magistrate's power to consider applications, including bail applications at the committal stage, that will deprive the accused of his right to seek bail till the case is committed to the Sessions Court...As per sub-clause (a) of Section 232, the Magistrate's power to remand the accused to custody until commitment, is subject to the provisions relating to bail. If the proviso is interpreted as making it obligatory for the Magistrate to forward the bail applications also to the Sessions Court, that would render the power conferred under sub-clause (a) of Section 232 nugatory."
Angamaly Co-op Scam: Kerala High Court Grants Bail To 7th Accused VD Tomy
Case Title: V.D. Tomy v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 537
The Kerala High Court recently granted regular bail to V.D. Tomy, who is the 7th accused in the alleged case of misappropriation of ₹115.8 Crores by granting fake loans in Angamaly Co-operative Urban Society. He was arrested on 11th July and has been custody since then.
Justice A. Badharudeen granted bail after noting that Tomy had no antecedents, and the investigation in the case had progressed much. Therefore, the Court felt that no useful purpose would be served if he continues to be in custody.
Other Important Developments This Week
Kerala High Court Invokes S.58 Advocates Act, Orders BCI Appointed Committee To Conduct Enrolments
Case Title: Stephen V Thomas v. Bar Council of India
Case No: WP(C) 31555/ 2025
The Kerala High Court, exercising its powers under Section 58(1) of the Advocates Act, 1961 has stepped in to protect the interests of law graduates awaiting enrollment.
Justice N. Nagaresh passed the interim order while hearing a writ petition praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.
Case Title: Esai Clara v. State of Kerala
Case No: WP(C) 30999/ 2025
The Kerala High Court today impleaded the Bar Council of India in a writ petition seeking reservation under the transgender category for admissions to integrated Five year LL.B courses in Government Law Colleges.
This comes after the State informed that its proposal to create two additional seats for the transgender category is pending approval of the BCI.
Justice N. Nagaresh however orally observed,
“...the government has taken a decision to create two seats for transgender persons, that will be additional two seats. They have applied for the Bar Council of India for approval…Those are two additional seats going to be sanctioned, it need not be kept open...”
Case Title: Hiran Das Murali v State of Kerala and Ors.
Case No: Bail Appl. 9377/ 2025
The Kerala High Court on Monday (August 25) reserved orders on an application moved by rapper Vedan, seeking anticipatory bail in a FIR lodged against him by a young doctor, alleging rape on false promise of marriage.
During the hearing, the complainant's counsel furnished some additional documents before the Court, which included certain Facebook posts. This prompted Justice Bechu Kurian Thomas to orally observe,
“If the court starts giving decisions on the basis of a popularistic view, that would be the end of the legal system.”
Case Title: Samuel & Others v State of Kerala (Deleted) & Others
Case No: WP (PIL) 74/ 2025
The Kerala High Court has directed the Kerala State Legal Services Authority (KeLSA) to conduct inspections of government hospitals and submit a consolidated report within six weeks, as part of ongoing proceedings concerning safety standards in public medical facilities.
The Division Bench, comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, was hearing a writ petition filed calling for safety standards at public medical facilities, following the collapse of Kottayam Medical College building.
Kerala High Court Extends Toll Suspension At Paliyekkara On NH 544, Directs Fresh Traffic Inspection
Case Title: Shaji J Kodankadath v Union of India and connected cases
Case Number: WP(C) 20253/2021 and connected cases
The Kerala High Court has ordered a fresh traffic inspection of the stretch of NH 544 where a 12-hour blockade was recently reported, leading to the HC suspending toll collection at Paliyekkara Toll Plaza (Thrissur district).
Division bench comprising Justice A. Muhammed Mustaque and Justice Harisankar V. Menon have directed the District Collector of Thrissur and the Interim Traffic Management Committee to conduct a fresh inspection in the presence of National Highways Authority of India (NHAI) officials.
Case Title: Muhammed Shammas P. v. State of Kerala and Ors.
Case No: WP(Crl.) 1097/ 2025
The Kerala government on Tuesday informed the High Court that the Vigilance Department has sought prior approval from the government to look into the alleged benami deals of former Kannur district panchayat president P.P. Divya.
Justice A. Badharudeen observed,
"Public Prosecutor submitted that on 8.7.2025, Vigilance forwarded the matter for getting approval under Section 17A to the government and any steps on P9 is permissible only after getting prior approval as requested. Having considered the submission, this matter stands adjourned to 18.9.2025 to get further instructions regarding the progress of the request."
Case Title: M.R. Ajithkumar v. State of Kerala
Case No: Crl.MC 7741/2025
Additional Director General of Police MR Ajith Kumar has moved the High Court challenging a Special Court's decision to proceed with an illegal assets case against him, despite the Vigilance Enquiry report giving him a clean chit.
When the matter was taken up today, Justice A. Badarudheen at the outset asked the State if it had obtained sanction to prosecute the public servant.
Case Title: Kulathoor Jaisingh v State of Kerala and Ors
Case No: WP(C) 32493/2019
The Kerala government has informed the High Court that the State Chief Secretary will convene a meeting on September 01, to finalise the guidelines for tackling snake bites and its treatment.
The submissions were made before the division bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen which was hearing a petition on the issue of basic health care in relation to snake bites, which arose after an incident involving snake bite to a student in 2019.
Case Title: Adv. Dheeraj Ravi v. Kiran Narayanan IPS
Case Number: Con.Case(C) 2041/2025
Former Kollam Bar Association President, Adv. Dheeraj Ravi, has initiated contempt proceedings before the Kerala High Court against the Kollam City Police Commissioner for allegedly not complying with the Court's direction to conduct a Crime Branch investigation into a theft that occurred in his residence.
When the matter came up for admission, Justice P.V. Kunhikrishnan directed the public prosecutor to get instructions.
Kerala High Court Suspends Judicial Officer Accused Of Sexual Impropriety
The Kerala High Court has suspended Sri. Udayakumar V., judicial officer at the Motor Accidents Claims Tribunal, Kollam, while initiating disciplinary action against him on a sexual harassment allegation.
He was previously serving as Judge of the Family Court, Chavara when allegations of sexual impropriety were raised against him by a litigant. Following the same, he was transferred from there to the MACT, Kollam.
Kerala High Court Stays Trial Against ADGP Ajithkumar In Alleged Disproportionate Assets Case
Case Title: M.R. Ajithkumar v. State of Kerala
Case No: Crl.MC 7741/2025
The Kerala High Court on Wednesday (August 27) stayed the proceedings pending before the Enquiry Commissioner & Special Judge, Thiruvananthapuram in an alleged disproportionate asset case against Additional Director General of Police (ADGP) M.R. Ajith Kumar.
Justice A. Badharudeen observed:
"Even though the Special Judge decided to proceed with the complaint by recording statements of the complainant and witnesses, the learned Special Judge did not reach the stage of cognizance. On perusal of the order and as per the settled law, the procedure seems to be illegal prima facie."
Case Title: V.D. Satheeshan MLA & Others v State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 524
The Kerala High Court has ruled out privacy concerns raised against the State's AI-enabled 'Safe Kerala Project', which deploys automated cameras for traffic enforcement.
Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji noted that images of traffic violations are encrypted, transmitted only to government-controlled servers, and verified through the National Informatics Centre's application.
Case Title: Lakshmi R Menon v. State of Kerala
Case No: Bail Appl. 11246/ 2025
The Kerala High Court on Wednesday granted interim protection from arrest to actor Lakshmi R Menon who is accused of assaulting and abducting an IT professional.
Justice Bechu Kurian Thomas, granted the protection while considering the anticipatory bail application filed by the actor.
Case Title: C.P. Ajithkumar v. State of Kerala
Case No: WP(C) 32680/ 2008
In a plea concerning poor road conditions in the state, the Kerala High Court on Wednesday (August 27) asked the amicus curiae to verify the maintenance and repair work stated to be carried out by the Kochi Municipal Corporation.
Justice Devan Ramachandran had previously summoned the Engineers of the roads that remained un-repaired, leading to accidents.
Case No: WP(C) 13238/ 2022
Case Title: Aboobacker and Ors v. Joint Regional Transport Officer
The Kerala High Court underscored the urgent need to regulate State-bus timings, directing the Regional Transport Authority (RTA) to take immediate steps to ensure safer urban mobility.
Justice Amit Rawal, was considering petitions filed by autorickshaw drivers seeking permission to operate freely in Kochi and Perumbavoor.
Case Title: R Rajasekharan Pillai v State of Kerala and Anr
Case No: WP(C) 7039/ 2025
In petitions concerning alleged defects in the Moolavigraha (principal idol) of Sree Padmanabhaswamy Temple, the Kerala High Court underscored that matters relating to the temple's spiritual domain fall within the authority of the Thantri (head priest), who enjoys the status of “father of the deity”.
A division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha recorded at the outset that the proceedings could not be treated as adversarial, given the sensitive religious and spiritual context.