Kerala High Court Weekly Round-Up: June 9 –15, 2025

State of Kerala v. Joe Thomas and others, and connected cases, 2025 LiveLaw (Ker) 323

Xx v XX, 2025 LiveLaw (Ker) 324

Xxx v. Xxx & Anr., 2025 LiveLaw (Ker) 325

Binsi and another v. Sandeep Chandran, 2025 LiveLaw (Ker) 326

Iruvaikonam Bhagavathi Temple & Ors. v. State of Kerala & Ors., 2025 LiveLaw (Ker) 327

Dipin Vidhyadharan and Another v State of Kerala and Another, 2025 LiveLaw (Ker) 328

Shafeena P. H. v State of Kerala and Another, 2025 LiveLaw (Ker) 329

Owners and Parties Interested in the Vessel M.V. Korea Chemi & Anr. v. Siluvaipichai Francies & Ors., 2025 LiveLaw (Ker) 330

Santhosh Kumar N P v. State - Station House Officer, 2025 LiveLaw (Ker) 331

XX and Others v State of Kerala and Another & Connected Case, 2025 LiveLaw (Ker) 332

Sheela Francis Parakkal and Others v The Authorised Officer and Others, 2025 LiveLaw (Ker) 333

Dr Bibilash B. S v. State of Kerala and Ors., 2025 LiveLaw (Ker) 334

Devidas C. & Others v. Cochin Devaswom Board & Others, 2025 LiveLaw (Ker) 335

Sheela George and another v. V.M. Alexander, 2025 LiveLaw (Ker) 336

M/s Varsha Fresh Meat Products Private Limited v. The Commissioner of Customs (Preventive), 2025 LiveLaw (Ker) 337

Judgments/ Orders This Week

Bar On Credit Society Members Contesting Beyond 3 Terms Valid: Kerala HC Upholds S.28 (2A) Of Co-operative Societies Amendment Act, 2023

Case No: State of Kerala v. Joe Thomas and others, and connected cases

Citation: 2025 LiveLaw (Ker) 323

The Kerala High Court has, in a recent judgment, upheld the constitutional validity of Section 28(2A) of the Kerala Co-operative Societies Act, 1969, which barred the members of Managing Committees of Credit Societies from contesting in elections after three terms. 

The Division Bench comprising of Justice Amit Rawal and Justice K.V. Jayakumar reversed the judgment of the Single Bench, which had struck down the provision in question.

[Domestic Violence] Not Unusual For Wife To Forgive Husband, Withdraw Case Against Him To Protect Family: Kerala High Court

Case Title: Xx v XX

Citation: 2025 LiveLaw (Ker) 324

The Kerala High Court observed that it was not unusual for a wife to close criminal cases filed by her against her husband to save him. The Court said that a wife does so in the expectation that her husband would change.

The Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha observed that a woman will forgive to protect her family.

Non-Disclosure Of Earlier Crime Lodged Against Same Accused By Same Complainant Shows Falsity Of Allegations: Kerala High Court

Case Title: Xxx v. Xxx & Anr.

Citation: 2025 LiveLaw (Ker) 325

Quashing an FIR against a man on allegations of rape made by his sister-in-law, the Kerala High Court said that non-disclosure of serious allegations in an earlier complaint against the same accused by same de-facto complainant indicated falsity of allegations.

Justice A. Badharudeen was hearing a plea moved by the petitioner, the elder brother of the de facto complainant's husband, who was booked for rape and criminal trespass in an FIR lodged by the police.

Not Necessary To Assess Applicant's Mental Status In Maintenance Proceedings: Kerala High Court

Case No: Binsi and another v. Sandeep Chandran

Citation: 2025 LiveLaw (Ker) 326

The Kerala High Court recently passed a judgment holding that there is no need to assess the mental status of applicants in a proceedings for maintenance.

Justice A. Badharudheen allowed the Original Petition (Criminal) preferred by wife and minor daughter, and set aside the interim orders passed by the Family Court, Thalassery.

[S.92 CPC] Kerala HC Dismisses Plea Seeking Leave To Sue Over Alleged Mismanagement Of Temple, Emphasises Adherence To Statutory Requirements

Case Title: Iruvaikonam Bhagavathi Temple & Ors. v. State of Kerala & Ors.

Citation: 2025 LiveLaw (Ker) 327

The Kerala High Court has dismissed an application seeking leave to sue under Section 92 of the Code of Civil Procedure (CPC) concerning the administration of the Iruvaikonam Bhagavathi Temple in Thirupuram Village, Neyyattinkara. In his judgment, Justice M.A. Abdul Hakhim underscored that leave under Section 92 CPC is not to be granted automatically and highlighted the importance of satisfying statutory requirements before initiating such a suit.

The court emphasised that The main purpose of S.92 (1) is to give protection to public trusts of a charitable or religious nature from being subjected to harassment by suits being filed against them. Justice Abdul Hakhim clarified that before granting leave under Section 92 CPC, a court must be satisfied on several counts.

No Specific Allegation Of Nuisance: High Court Closes Case Over Allegedly Defamatory Messages Against Kerala CM & Ministers In WhatsApp Group

Case Title: Dipin Vidhyadharan and Another v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 328

The Kerala High Court closed a case of posting defamatory messages against the Chief Minister and other Ministers in the WhatsApp group of the employees of an education society after observing that none of the allegations constituted the offences mentioned.

Justice Kauser Edappagath agreed to the submission of the petitioners. He held that Section 120(o) of the Kerala Police Act would not be attracted when there is no allegation that the messages have caused nuisance to the complainants or any other person. The Court said that the mere allegation that the messages are derogatory or defamatory is not sufficient to attract Section 120(o).

'Father's Presence Plays Vital Role In Child's Education': Kerala High Court Grants 7 Days Leave To Prisoner For Child's Admission

Case Title: Shafeena P. H. v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 329

The Kerala High Court on Tuesday (10^th June) issued an order granting 7 days leave to a convict prisoner for taking admission to his child to 11^th standard.

On Court's direction, the mark list of the child was produced before the Court. He had secured 6 A+ and 2 A in SSLC Examination. Justice P. V. Kunhikrishnan said that it cannot shut its eyes to the request of such a bright kid who is seeking the help of his father to get admission to higher studies after arranging fees and other things.

Kerala High Court Rejects Admiralty Suit Against M.V. Korea Chemi Owners For Lack Of Jurisdiction After Collision With Fishing Boat

Case Title: Owners and Parties Interested in the Vessel M.V. Korea Chemi & Anr. v. Siluvaipichai Francies & Ors.

Citation: 2025 LiveLaw (Ker) 330

In a ruling clarifying the territorial reach of admiralty jurisdiction under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the Kerala High Court has dismissed an admiralty suit against the owners of the vessel M.V. Korea Chemi, holding that the vessel was not within the court's jurisdiction at the relevant time.

Justice Syam Kumar V.M., while allowing an application filed by the owners (defendants 1 and 2) under Order VII Rule 11 CPC, ruled that the Kerala High Court lacked jurisdiction under Section 3 of the Admiralty Act, 2017, since the vessel was anchored at Nhava Sheva Port in Mumbai and not within Kerala's territorial waters.

Procedural Bar On Cognizance Of Offences Related To Marriage Won't Apply If Serious Offences Like Rape Are Involved: Kerala High Court

Case Title: Santhosh Kumar N P v. State - Station House Officer

Citation: 2025 LiveLaw (Ker) 331

The Kerala High Court has said that the procedural bar under Section 198(1) of the Criminal Procedure Code (CrPC) on taking cognizance of an offence related to marriage does not apply when a complaint includes serious criminal allegations like cheating and rape.

Kerala High Court Grants Bail To 6 Juveniles Over Alleged Involvement In Shahabas Murder Case

Case Title: XX and Others v State of Kerala and Another & Connected Case

Citation: 2025 LiveLaw (Ker) 332

The Kerala High Court on Wednesday (11^th June) granted bail to 6 juveniles who were allegedly involved in the murder of 15-year-old Shahabas, a class 10 student. The order was pronounced by Justice Bechu Kurian Thomas.

The Court observed that the Juvenile Justice Act does not allow the continued stay of the juveniles in the observation home.

Kerala High Court Imposes Cost On Bank For Illegally Retaining Client's Documents After Closure Of Loan

Case Title: Sheela Francis Parakkal and Others v The Authorised Officer and Others

Citation: 2025 LiveLaw (Ker) 333

The Kerala High Court, in a decision by Justice Bechu Kurian Thomas, has imposed costs on the South Indian Bank, Aluva Branch, for the illegal retention of documents after the closure of the loan.

Cosmetic Surgery Mishap: Kerala High Court Permits Hospital To Reopen Under Strict Conditions

Case Title: Dr Bibilash B. S v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 334

The Kerala High Court has permitted the reopening of Cosmetiq Hospital in Kazhakkuttam, which had been shut down following a tragic case where a woman allegedly lost her fingers and toes after undergoing a cosmetic procedure at the facility.

Justice V.G. Arun issued the order while considering a plea filed by the petitioner, Dr. Bibilash B.S., the proprietor and plastic surgeon at Cosmetiq Hospital, claiming that due to closure it is not possible to even continue the post-surgical treatment to the patients.

Kerala High Court Directs Cochin Devaswom Board's Vigilance Wing To Monitor Fake Websites Duping Devotees Through Online Donations, Pooja Booking

Case Title: Devidas C. & Others v. Cochin Devaswom Board & Others

Citation: 2025 LiveLaw (Ker) 335

In a significant order aimed at protecting devotees from online fraud, the Kerala High Court's has directed the Chief Vigilance Officer of the Cochin Devaswom Board to maintain constant vigilance over fake digital platforms that impersonate temple services and exploit the public. The order was passed by the division bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan.

Wife Who Gave Up Maintenance Right During Mutual Divorce Not Barred From Seeking It Due To Change Of Circumstance: Kerala High Court

Case No: Sheela George and another v. V.M. Alexander

Citation: 2025 LiveLaw (Ker) 336

The Kerala High Court recently held that a wife who had voluntarily surrendered her right to maintenance is not barred from seeking it at a later stage, when there is a change in circumstances.

The judgment was passed by a Division Bench comprising Justice Satish Ninan and Justice P. Krishna Kumar. The Court was considering a Matrimonial Appeal challenging a Family Court order that rejected an application for maintenance made by the appellants (divorced wife and son) against the respondent (husband/father).

Kerala High Court Directs Customs To Dispose Of Seized Buffalo Meat Consignments Within One Month Due To Perishability

Case Title: M/s Varsha Fresh Meat Products Private Limited v. The Commissioner of Customs (Preventive)

Citation: 2025 LiveLaw (Ker) 337

The  Kerala High Court has directed the customs department to dispose of seized buffalo meat consignments within one month due to perishability.

The Bench of Justice Ziyad Rahman A.A was addressing the issue pertaining to the seizure of the consignments of buffalo meat, which were proposed to be exported to a foreign country.

Other Important Developments This Week

Kerala High Court Forms Committee To Address Conflict Between Lawyers And Police

Case Title: Suo Motu v State of Kerala and Others

Case No: WP(C) 32952 of 2024

The Kerala High Court on Monday (9^th June) constituted a committee to formulate comprehensive guidelines to address the issue of conflicts that arise during interaction between police and lawyers in the court premises. The Committee has the State Advocate General K Gopalakrishna Kurup, Director General of Prosecution TA Shaji, President of Kerala High Court Advocates Association Yashwant Shenoy and Senior Advocates Santhosh Mathew and S. Sreekumar. The order was passed by the bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj.

'Language Holds Deep Cultural Significance': Kerala High Court Defers Govt Order Mandating Hindi As Third Language In Lakshwadweep Schools

Case Title: Ajas Akber P. I. v Union Territory of Lakshadweep and Others

Case No: WP (PIL) 48/ 2025

The Kerala High Court on Monday (9^th June) deferred the implementation of the order mandating Hindi as the 3^rd Language in the schools of Lakshadweep. The government order had the effect of depriving the students from choosing Arabic/ Mahal as the 3^rd language which were the options available to them till now.

The order was passed by Chief Justice Nitin Jamdar and Justice Basant Balaji in a PIL filed by Ajas Akber, the President of National Students Union of India, Lakshadweep.

'Politically Instigated Litigation': CM Pinarayi Vijayan Tells Kerala High Court In Plea Seeking CBI Probe Into CMRL Case

Case Title: M. R. Ajayan v. Union of India and Others

Case No: WP(PIL) No. 24 of 2025

While opposing a plea seeking CBI investigation into the affairs between CMRL and himself, Chief Minister Pinarayi Vijayan has stated that there is no compelling reason to direct CBI investigation and that the PIL is not maintainable.

In the detailed counter affidavit filed, the arguments advanced were split into seven main grounds, including challenge to maintainability. It is stated that the PIL is not maintainable as there is no larger public cause affecting the broad citizenry but is only a politically instigated litigation meant to target himself and his family.

Mulling Over Including Snake Bite As Notifiable Disease Under Public Health Act: State Tells Kerala High Court

Case Title: Kulathoor Jaisingh v State of Kerala and Others

Case No: WP(C) 32493 of 2019

The State recently informed Kerala High Court about the proposal of Director of Health Services to notify snake venom as a notifiable disease under the Kerala Public Health Act, 2023. The proposal is currently being considered by the State Government.

The Bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen was dealing with the issue of basic care pursuant to snake bites in school children. The Court noted that a circular issued by the Additional Director of General Education of General Education has placed the burden of dealing with such casualties solely on the school authorities.

Kerala High Court Seeks State's Response On PIL To Regulate Film Ticket Prices

Case Title: Manu Nair G. v State of Kerala and Others

Case No: WP(PIL) 52/ 2025

A Public Interest Litigation has been filed by Manu Nair G seeking regulation on the fixation of movie ticket prices in the State. The petitioner alleged that currently the price practices are dictated by algorithms and using exploitative practices like dynamic pricing and has no transparency or public accountability.

The matter came before the bench of Chief Justice Nitin Jamdar and Justice Basant Balaji on Tuesday (10^th June). The Court has sought the response of the State.

Wayanad Landslides | Can't Give Loan Waiver As Enabling Provisions Are Deleted From Disaster Management Act: Centre To Kerala High Court

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases

The Centre has filed an affidavit in the Kerala High Court informing that it would not be able to waive off the loan of Wayanad Landslides' victims as the provision under Disaster Management Act enabling such action has been removed by way of the Disaster Management (Amendment) Act, 2025.

Kerala High Court Directs Removal Of Videos Allegedly Ridiculing 14-Yr-Old Over Her Review Of Movie 'Moonwalk'

Case Title: Kalyani Jen S. v State of Kerala and Others

Case No: WP(C) 21099/ 2025

The Kerala High Court recently issued an interim order directing social media platforms, namely Facebook, Instagram and YouTube to remove content allegedly ridiculing and manipulating a video of her review ofthe Malayalam movie 'Moonwalk'. She gave the review in the theatre after she came out of watching the movie. The order was passed by Justice N. Nagaresh.

Law Student Moves Kerala High Court After Being Bitten By Stray Dog, Seeks Implementation Of Animal Birth Control Rules

Case Title: Keerthana Sarin v State of Kerala and Others

Case No: WP(C) 21206/ 2025

Keerthana Sarin, a second-year law student has approached the Kerala High Court after being bitten by a stray dog. 

She alleged that even after multiple incidents of stray dog attacks happened in the locality, no action was taken by the officials of Nedumangad Municipality.

The matter was taken by Justice C. S. Dias who issued notice to the State and Central governments.

Kerala High Court Orders Arrest Of Ship In Suit Filed By Cargo-Owner Affected By MSC Elsa 3 Wreck

Case Title: Saji Surendran v Owners and Parties Interested in Vessel M V MSC Manasa F and Another

Case No: Adml. S. 4/ 2025

The Kerala High Court on Thursday (12^th June) ordered conditional arrest of MSC Manasa F after proprietor of Mangalath Cashews filed a suit claiming damages over his cargo that was sunk with MV MSC Elsa 3. As per his claim, both the ships are managed/ controlled/ owned by MSC Mediterranean Shipping Co SA, even though they are registered in the name of its 2 sister companies.

MSC Manasa F was anchored at Vizhinjam Port. The petitioner has raised a claim of Rs. 1,54,71,443. He submitted that the vessel was scheduled to leave today. He contended that the company had no other property within the territory of India. Hearing these submissions, Justice M. A. Abdul Hakhim ordered a conditional arrest of the ship. The Court added that the arrest would be automatically vacated when the whole amount claimed by the petitioner is deposited in the court or security for the said amount is furnished.

Wayanad Landslides | Centre Can't 'Hide' Behind Deleted Provision To Disallow Loan Waiver Of Victims: Kerala High Court Remarks

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases

The Kerala High Court on Friday (June 13) orally told Central Government that it cannot take a stand that it is powerless to give a direction to waive loans of victims of Wayanad landslide merely because Section 13 is now omitted from the Disaster Management Act. 

A division bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj hearing a suo motu case initiated by the High Court after the Wayanad landslides in July 30, 2024. The Central government had recently filed an affidavit stating that they would not be able to direct for waiver of loan under Section 13 of Disaster Management Act as this section has been omitted by a recent amendment.

'Take Urgent Steps For Compensation, To Protect Marine Life': High Court Tells State, Centre After Another Ship Accident Off Kerala's Coast

Case Title: T. N. Prathapan v Union of India and Others

Case No: WP (PIL) 50/ 2025

The Kerala High Court has urged the Centre and State Government to take urgent steps to get compensation and any necessary action regarding the potential damage to the marine ecosystem after yet another accident near the Kerala shores.

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was dealing with the PIL filed by former Congress M.P. T. N. Prathapan. The case which was initially posted to 19^th June was taken up yesterday in the backdrop of ship WAN HAI catching fire off the Kannur coast. The Court, on request, has permitted Prathapan to include details regarding the new accident in the plea.

Can Film Shootings Be Permitted In Forest? Kerala High Court Appoints Amicus Curiae

Case Title: Angels Nair v The Principal Secretary and Others

Case No: WA 2179 of 2023

The Kerala High Court recently appointed Advocate Manu Vyasan Peter as Amicus Curiae in a case filed alleging that damage was caused to the flora and fauna in Parthakochi Reserve Forest subsequent to the shooting of Malayalam movie 'Unda'.

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balajidecided to look into whether it is desirable to grant permission for shooting commercial film in the national parks, wildlife sanctuaries and tiger reserves. The Court has asked the State to furnish information on whether it has any policy in this regard.