Seizure Of Forest Produce & Vehicle Used To Commit Forest Offence Must Be Made Within 'Reasonable Interval': Kerala High Court Clarifies

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 of Nitin Jamdar and Justice P.V. Kunhikrishnan was considering a question referred by a Single Judge...

Kerala High Court Weekly Round-Up: August 18 - August 24, 2025

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...

Non-Legal Heirs Can Continue Prosecution On Complainant's Death Even If Legal Heirs Have Not Come Forward: Kerala High Court

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:“Section 302 of Cr.P.C. empowers a Magistrate to permit “any person” to prosecute the complaint. The word “any person” cannot be...

For EC Exemption, NHAI Contractor Must Show Work Is Exclusively For Linear Project Based On Pre-2024 Contract: Kerala High Court

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...

Village Panchayat Cannot Suo Motu Review, Cancel Valid Building Permit Given By Its Secretary: Kerala High Court

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...

Kerala High Court Grants Bail To Liviya Jose Accused Of Implicating Beautician Sheela Sunny In False NDPS Case

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." ...

Period Of Service Before Enactment Of Advocates' Clerks Welfare Scheme Can Be Considered For Granting Benefit Under It: Kerala HC

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.The advocate clerk had...

No Violation Of Article 14 In Denying Property Tax Exemption To Unaided Schools: Kerala High Court

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...

'Dubious Attempt By State To Escape Constitutional Embargo': Kerala HC Orders Fair Compensation For Acquisition Of Minority School's Land

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 Court observed, “We are certain that this acquisition is a dubious attempt to wriggle out of the constitutional...

Kerala HC Quashes Case Against Man For Throwing Files In Tahsildar's Office After Quarrel, Says Humane Touch Is Needed In Administrative Acts

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...

'Technical Committee For Safety Of Devotees Can Be Formed': KSEB Tells Kerala HC In Suo Moto Case Over Electrocution Death Of Sabarimala Pilgrim

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...

'Routinely Ordering Police Protection Without Apprehension Of Serious Issues Diverts Time Of Police Force': Kerala HC Issues Guidelines

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...