Kerala High Court Weekly Round-Up: June 2 – 8, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 305 - 322]

TGN Kumar v. State of Kerala, 2025 LiveLaw (Ker) 305

Asha Verma v. Director General of Police, 2025 LiveLaw (Ker) 306

Abjijith M. v. State of Kerala, 2025 LiveLaw (Ker) 307

Asianet Star Communications Private Limited v. Competition Commission of India and others, and Connected cases, 2025 LiveLaw (Ker) 308

Josna Raphael Poovathingal v. Union of India and others, 2025 LiveLaw (Ker) 309

Chenthamara @ Kannan and Others v. Meena and Another, 2025 LiveLaw (Ker) 310

Sudhin Krishna C. S. v. State of Kerala and Others, 2025 LiveLaw (Ker) 311

K.R. Antony v. Kunjumol & Ors., 2025 LiveLaw (Ker) 312

Vinu Koshy Abraham v. Corporation of Cochin, 2025 LiveLaw (Ker) 313

M/s Solgen Energy Pvt. Ltd. v. Commissioner of Customs, 2025 LiveLaw (Ker) 314

The Commissioner of Customs v. M/s Asean Cableship Pvt. Ltd., 2025 LiveLaw (Ker) 315

Zahhad and Others v. State of Kerala and Others, 2025 LiveLaw (Ker) 316

State of Kerala and Others v. T. Rajeev, 2025 LiveLaw (Ker) 317

Sharooq Mohammed & Ors. v. State of Kerala & Ors & Other Connected Cases, 2025 LiveLaw (Ker) 318

State of Kerala v. Mananchira Township Complex Pvt.Ltd. and Connected Case, 2025 LiveLaw (Ker) 319

C. P. Muhammed and Others v. State of Kerala and Another, 2025 LiveLaw (Ker) 320

Santhosh Warrier v. State of Kerala and others, 2025 LiveLaw (Ker) 321

Anandan N. v. The Commissioner of Income Tax (Appeals), 2025 LiveLaw (Ker) 322

Judgments/ Orders This Week

Kerala High Court Closes Plea For Verification Of Migrant Workers, Says It Is For Govt To Decide

Case Title: TGN Kumar v. State of Kerala

Citation: 2025 LiveLaw (Ker) 305

The Kerala High Court disposed of a Writ Petition seeking a direction to the government to verify the identity, criminal antecedents and other details of migrant workers arriving in the State.

In the petition, it was alleged that most of the migrant workers coming into Kerala have criminal antecedents and have fabricated identity cards.

While considering the matter on Friday (May 30), the Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji questioned the petitioner about the source of the information and the data that he is relying on. The counsel for the petitioner stated that reliance is placed on the newspaper reports and a letter written by the petitioner, which are annexed in the writ petition.

Kerala High Court Closes Jharkhand Inter-Faith Couple's Plea Against Threat From Relatives, Permits Them To Approach Police

Case Title: Asha Verma v. Director General of Police

Citation: 2025 LiveLaw (Ker) 306

The Kerala High Court today (June 2) disposed of a writ petition filed by an inter-faith couple from Jharkhand seeking police protection against their family members.

Noting that there is no threat from relatives of the petitioners at present, Justice N. Nagaresh granted them liberty to approach the 3^rd respondent Station House Officer (SHO), Kayamkulam in case of any further threat from relatives. The SHO was directed to give protection as needed if the couple approached the officer.

'Will Give Wrong Message To Society': Kerala High Court Refuses To Stop Trial Against Man Who Allegedly Sent Death Threat To CM

Case Title: Abjijith M. v State of Kerala

Citation: 2025 LiveLaw (Ker) 307

The Kerala High Court recently refused to stop trial court proceedings against a person who allegedly sent a message to the Additional Private Secretary to the Chief Minister (CM) Pinarayi Vijayan, that he would kill the new CM on the eve of the declaration of the election results, noting that it will send a wrong message to the society.

Justice P. V. Kunhikrishnan noted that the petitioner who is a bank employee and not an illiterate person, should have been aware of the consequences of such a message. The Court said that the valuable time of police is lost in investigating such acts. The court further noted that "social media comments are a menace to society now".

TRAI And CCI Are Sectoral Regulators With Defined Jurisdictions, Any Overlap Will Not Oust Jurisdiction Of Either: Kerala High Court

Case Title: Asianet Star Communications Private Limited v. Competition Commission Of India and others, and Connected cases

Citation: 2025 LiveLaw (Ker) 308

The Kerala High Court recently passed a judgment clarifying the scope and jurisdiction of the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI).

Justice D.K. Singh in his 142 page judgment laid down the position of law while hearing Writ Petitions stating an alleged 'conflict' of jurisdiction between the two regulatory bodies.

Guidelines Relating To Issuance Of Indian Passports Cannot Circumvent Passport Act & Rules: Kerala High Court

Case Title: Josna Raphael Poovathingal v. Union of India and others

Citation: 2025 LiveLaw (Ker) 309

The Kerala High Court has held that the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.

The judgment was passed by Justice Mohammed Nias C.P. while considering a writ petition before the Court. The petition was preferred for a direction to the 2^nd respondent (Regional Passport Office, Cochin) for re-issue of passport with date of birth corrected as per the Birth Certificate of the petitioner.

Wife Has Right To Live In Shared Household Even After Husband's Death: Kerala High Court

Case Title: Chenthamara @ Kannan and Others v Meena and Another

Citation: 2025 LiveLaw (Ker) 310

In a significant ruling reaffirming a woman's right to residence, the Kerala High Court has held that a wife cannot be ousted from her matrimonial home even after the death of her husband.

The decision delivered by Justice M.B. Snehalatha underscores the right of a woman to live in a shared household, ensuring her safety and dignity despite familial opposition.

Kerala High Court Upholds Right To Change Religion & Name In Educational Records Upon Conversion

Case Title: Sudhin Krishna C. S. v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 311

The Kerala High Court has recently upheld an individual's right to change their religion under Article 25 of the Constitution of India and to have such changes reflected in educational records.

The order was delivered by Justice D. K. Singh.

Kerala High Court Upholds Strict Liability Of Elephant Owner, Handlers In Fatal Attack During Temple Procession

Case Title: K.R. Antony v. Kunjumol & Ors.

Citation: 2025 LiveLaw (Ker) 312

In a recent ruling, the Kerala High Court, presided over by Justice C. Pratheep Kumar, reaffirmed the principle of strict liability for owners and handlers of dangerous animals.

The court held that they are fully responsible for any harm caused by such animals regardless of negligence or any provocation by third parties. This judgment followed a tragic incident during a temple procession in which an elephant owned by the first defendant attacked and ultimately caused the death of a devotee.

Absence Of Formal Demand Notice For Property Tax During Pendency Of Litigation Does Not Absolve Assessee's Obligation To Pay: Kerala High Court

Case Title: Vinu Koshy Abraham v. Corporation of Cochin

Citation: 2025 LiveLaw (Ker) 313

The Kerala High Court stated that absence of a formal demand notice for property tax during pendency of litigation does not absolve assessee's obligation to pay such tax.

The Division Bench of Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “The liability to pay the tax once assessed is on the assessee and in a situation where the assessee continuously pays the tax based on the assessment that is conducted, the mere fact that the Corporation did not choose to issue a demand notice for a period when the assessee refrained from paying the tax on account of pending litigation between the parties, and in the absence of any order staying the demand of such tax, cannot be a reason to prevent the Corporation from collecting the tax amounts at a later stage of the proceedings.”

Import Of Inverter Component Without Photo-Voltaic Cell Not Eligible For Customs Duty Exemption: Kerala High Court

Case Title: M/s Solgen Energy Pvt. Ltd. v. Commissioner of Customs

Citation: 2025 LiveLaw (Ker) 314

The Kerala High Court stated that import of inverter component without photo-voltaic cell not eligible for customs duty exemption.

“Inasmuch as the import was only of the inverter component, without the photo-voltaic cell - a component that was essential for harnessing solar energy, which could then be routed through the inverter system for the supply of electrical energy to the grid, the assessee cannot be seen as eligible for the benefit of the exemption notification……” stated the Division Bench of Justices A.K. Jayasankaran Nambiar and P.M. Manoj.

Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court

Case Title: The Commissioner of Customs v. M/s Asean Cableship Pvt. Ltd.

Citation: 2025 LiveLaw (Ker) 315

The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act.

The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as a foreign going vessel for the purposes of claiming exemption under Section 87 of the Customs Act.

Kerala High Court Allows Transgender Parents To Be Shown As 'Parents' Instead Of Father Or Mother, Says Law Must Evolve With Society

Case Title: Zahhad and Others v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 316

The Kerala High Court while allowing the petition filed by the Zahhad and Ziya, the first transgender parents of the country, to change the description of them in their child' s birth certificate from father and mother to parents observed that the law has to evolve with the changes in the society.

Justice Ziyad Rahman A. A. held that there is no need to take a hyper-technical stand in the case.

Differently-Abled Employee Cannot Be Punished For Govt's Failure To Provide Infrastructural Facilities: Kerala High Court

Case Title: State of Kerala and Others v. T. Rajeev

Citation: 2025 LiveLaw (Ker) 317

The Kerala High Court recently observed that it was the duty of the government as per the Rights of Persons with Disability Act to ensure public places are accessible to differently abled persons and any failure to do so should not be detrimental to a government employee with disabilities.

The Bench of Justice A. Muhamed Mustaque and Justice Johnson John made this observation in a case filed by T. Rajeev who has 60% locomotor disability due to post-polio residual paralysis. He was working as a Senior Grade typist in the Motor Vehicle Department. Due to his inability to climb to the upper floor of the building where the office was situated, he sought an inter-departmental transfer as an LD Typist in the Thalappilly Subdivision office of the Irrigation Department which was on the ground floor of the same building. In the request, he had also sought for protection of pay. After multiple rounds of litigation, the government made the transfer as per his request but he was given only the salary of an LD typist which was lesser than the salary he drew as a Senior Grade typist.

Kerala High Court Quashes State Govt's Imposition Of Mandatory Internship Fees For Foreign Medical Graduates

Case Title: Sharooq Mohammed & Ors. v. State of Kerala & Ors & Other Connected Cases

Citation: 2025 LiveLaw (Ker) 318

The Kerala High Court has quashed the State Government's order imposing internship fees on Foreign Medical Graduates (FMGs) for completing their compulsory rotatory medical internship (CRMI) in government hospitals. The judgment, delivered by Justice N. Nagaresh, emphasized that only the National Medical Commission (NMC) has the power to regulate internships and that the State Government's action was contrary to NMC's guidelines.

Kerala High Court Imposes Costs On State In Land Classification Case, Takes Exception To 'Unfair' Litigation

Case Title: State of Kerala v. Mananchira Township Complex Pvt.Ltd. and Connected Case

Citation: 2025 LiveLaw (Ker) 319

In a notable judgment, the Kerala High Court dismissed two writ appeals filed by the State and revenue authorities, imposing costs of Rs.25,000/- on them for what the Court described as unreasonable and unfair litigation tactics. The case, heard by Dr. Justice A.K. Jayasankaran Nambiar and Justice P.M. Manoj, arose from a dispute over the classification of land owned by Mananchira Township Complex Pvt. Ltd.

The dispute began when Mananchira Township Complex Pvt. Ltd., represented by its Project Manager Joseph Mariadas, approached the High Court seeking correction of revenue records to reflect its land as purayidom (dry land). Although the land was originally classified as paddy land, it had been converted before the Kerala Conservation of Paddy Land and Wetland Act, 2008, after securing necessary permissions under the Kerala Land Utilisation Order, 1967.

Kerala High Court Stays Trial In Youth Congress Activist Shuhaib's Murder Case, Asks State To Consider Parents' Plea To Replace Public Prosecutor

Case Title: C.P. Muhammed and Others v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 320

The Kerala High Court on Wednesday (4th June) stayed the trial of the murder case of Youth Congress Activist, Shuhaib before the Additional Sessions Court III, Thalassery. The order was made by Justice P. V. Kunhikrishnan in a petition filed by Shuhaib's parents and the witnesses in the case to appoint a special prosecutor to conduct the trial.

Shuhaib was hacked to death allegedly by CPI(M) workers in Mattanur in Kannur district on February 12, 2018. As per the case, there was 29 grievous injuries on him. He died while being taken to the hospital.

Temple Advisory Committee Can't Collect Money From Devotees For 'Para Nirakkal'; Collection Only Against Approved Sealed Coupons: Kerala HC

Case Title: Santhosh Warrier v. State Of Kerala and others

Citation: 2025 LiveLaw (Ker) 321

The Kerala High Court has recently passed a judgment wherein it held that even the Temple Advisory Committee constituted under S.31A of the Travancore Cochin Hindu Religious Institutions Act cannot collect donations from devotees in connection to 'Para Nirakkal'. It was also held that any collection of money from devotees in connection with annual festival shall be with the prior approval of the Devaswom Board, against sealed coupons issued by the Assistant Commissioner.

The decision was rendered by the Division Bench comprising of Justice Anil K. Narendran and Justice Muralee Krishna S. while considering a writ petition filed by a devotee of Peruvaram Sree Mahadeva Temple.

No Provision To Reject Appeal On Non-Appearance Of Assessee, Must Be Decided By Mandate U/S 250(6) Of Income Tax Act: Kerala High Court

Case Title: Anandan N. v. The Commissioner of Income Tax (Appeals)

Citation: 2025 LiveLaw (Ker) 322

The Kerala High Court stated that there is no provision of rejecting the appeal merely on non-appearance of assessee and the appellate authority must decide an appeal by strictly following the mandate contemplated under Section 250(6) of the Income Tax Act, 1961.

The Bench of Justice Ziyad Rahman A.A. observed that “evidently, going by Subsection 6 of Section 250, no other meaning can be assigned to the words “points for determination” as it obviously leads to the question that arises for consideration based on the contentions raised in the appeal. Therefore, it was obligatory on the part of the appellate authority to refer to the points raised in the appeal, and to determine the same by supplying reasons for such determination.”

Other Important Developments This Week

Kerala High Court Issues Interim Order Directing Police To Not Arrest ED Assistant Director Accused Of Demanding ₹2 Crore Bribe

The Kerala High Court has issued an interim order to not to arrest the Assistant Director of the Enforcement Directorate, Kochi till 11^th June. The order was passed by Justice P. G. Ajithkumar. The anticipatory bail petition filed by the ED official is posted to be heard then. The order was passed after the Public Prosecutor sought time and admitted that no arrest would be made till the matter is heard.

Collection Of Money From Devotees By Kadakkal Devi Temple's 'Akosha Committee' Is A Criminal Offence: Kerala High Court Remarks

The Kerala High Court on Monday (June 2) orally questioned the authority of the 'Akosha Committee' (committee allegedly formed for conducting festivals) to collect money from devotees of Kadakkal Devi Temple, which is under the Travancore Devaswom Board.

A division bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan was hearing a writ petition filed by a devotee, a lawyer, who has claimed to be aggrieved by performance of revolutionary songs of Democratic Youth Federation of India (DYFI)–youth wing of CPI (M), during the Temple festival at Kadakkal Devi Temple in Kollam district on March 10 this year.

Shahabas Murder Case: Kerala High Court Directs Observation Home To Allow Accused Juveniles To Be Admitted To School

The Kerala High Court on Wednesday (June 4) passed an order directing the Superintendent of Observation Home, Kozhikode to take steps to enable the accused juveniles (petitioners) in the Shahabas murder case to take admission in allotted schools.

The order was passed by Justice Bechu Kurian Thomas in a Criminal Miscellaneous Application in the Bail Application (Crl.M.A. No. 6/2025 in B.A. 6291/2025) filed by the juveniles praying to permit them to take admission in 11th standard in their allotted schools.

Kerala High Court Issues Fresh Notice To Former MLA PV Anvar In Plea Seeking CBI Inquiry Into Phone Tapping Allegations

The Kerala High Court has directed issuance of fresh notice to Former Nilambur Member of Legislative Assembly PV Anvar in a Writ Petition (Criminal) that sought CBI investigation into an alleged case of illegal phone tapping.

The matter was listed today and was considered by Justice P.V. Kunhikrishnan. Advocate K.M. Firoz took notice for the former MLA, who is arrayed as the 13th respondent in the writ petition. The Court was informed that the earlier notice sent was returned unclaimed.

Kerala High Court Slams State Water Authority For Not Providing Instructions To Counsel In Suo Motu Case On Electrocution Of Sabarimala Pilgrim

The Kerala High Court on Thursday (June 5) came down hard on the Kerala Water Authority (KWA) for not providing timely instructions to its Standing Counsel in a case regarding the death of a pilgrim at Sabrimala due to electrocution.

The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S was hearing the Suo Motu proceedings initiated by the Court following the death of a pilgrim in Sabarimala due to electrocution from a water kiosk maintained by the KWA.

Cargo Ship Oil Spill | Kerala High Court Directs State To Release Data On Cargo Carried By MSC Elsa Ship, Impact Of Spill

The Kerala High Court on Thursday (5th June) directed the State to publish details about the cargo and the impact of materials carried by the cargo ship MSC-Elsa 3.

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the order in a PIL filed by the former MP and Congress politician T. N. Prathapan. He submitted that before the accident, the ship docked at the Vizhinjam port and it had the list of materials transported on the ship. He argued that the details of the contents need to be released for effective mitigation of hazardous effects and for the public to take proper precautions.