Kerala High Court Weekly Round-Up: May 26 – June 1, 2025

J.C. Flowers Asset Reconstruction Pvt. Ltd v. State of Kerala and others, 2025 LiveLaw (Ker) 294

Sukanth Suresh P. v State of Kerala and Others, 2025 LiveLaw (Ker) 295

Mathew B. Kurian v. National Council for Teacher Education and others, 2025 LiveLaw (Ker) 296

Sumisha (Minor) v Shaji P. Y. and Others, 2025 LiveLaw (Ker) 297

X v. FACT and others, 2025 LiveLaw (Ker) 298

Sheeba M.R. v. Kerala Veterinary and Animal Sciences University and Connected Cases, 2025 LiveLaw (Ker) 299

Puthiya Purayil Shaji v State of Kerala and Another, 2025 LiveLaw (Ker) 300

Adarsh E. v The Registrar and Others, 2025 LiveLaw (Ker) 301

M/S. National Collateral Management Service Ltd. and another v. Valiyaparambil Traders, 2025 LiveLaw (Ker) 302

Dr. Ciza Thomas v State of Kerala and Others, 2025 LiveLaw (Ker) 303

Akhil Raj v State of Kerala and Others, 2025 LiveLaw (Ker) 304

Judgments/ Orders This Week

No Omnibus Exception U/S 8F Of Indian Stamp Act Read With S.5 Of SARFAESI Act For Registration Of Asset Reconstruction Agreements: Kerala HC

Case Title: J.C. Flowers Asset Reconstruction Pvt. Ltd v. State of Kerala and others

Citation: 2025 LiveLaw (Ker) 294

The Kerala High Court recently held that there is no omnibus or complete exemption on stamp duty provided under S. 8F of the Indian Stamp Act, read with S.5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for asset reconstruction agreements.

The Court looked into the Amendment Act that brought in S. 5(1A) of SARFAESI Act and added S.8F to the Indian Stamp Act, 1899. It rejected the contention of the petitioners that no stamp duty is applicable as per the non obstante clause in S.8F. 

Justice T. R. Ravi went on to apply the golden rule of interpretation along the Supreme Court's rulings on the subject of interpretation of non obstante clauses to find that there is no complete exemption from levy of stamp duty.

Kerala High Court Denies Anticipatory Bail To Intelligence Officer Accused Of Abetting Girlfriend's Suicide

Case Title: Sukanth Suresh P. v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 295

The Kerala High Court on Monday (May 26) denied anticipatory bail to Sukanth Suresh, an intelligence officer allegedly involved in the suicide of his girlfriend/colleague.

Justice Bechu Kurian Thomas noted that the investigation has revealed that the officer had relationships with other women. Further, it was also found out that the deceased got pregnant from the petitioner and she had undergone abortion. The Court also took into account the fact that the deceased used to transfer her salary to the petitioner every month.

Kerala High Court Allows Lawyer's Plea Against NCTE For Payment Of Pending Legal Fees, Imposes ₹50K Cost

Case Title: Mathew B. Kurian v. National Council for Teacher Education and others

Citation: 2025 LiveLaw (Ker) 296

The Kerala High Court recently allowed a writ petition filed by an advocate against the National Council for Teacher Education (NCTE) seeking payment of over Rs 12 Lakh unpaid legal fees, imposing a cost of Rs 50,000 on NCTE finding its conduct "blameworthy". 

Rejecting NCTE's argument that a writ petition for payment of legal fees is not maintainable, Justice Mohammed Nias C.P. clarified that the maintainability of the writ petition for "unpaid professional fees" is not barred unless there are complex factual issues that prevent adjudication. It was further found that there is no legal backing or court ruling to state that such a petition cannot be admitted merely on the ground that it cannot be decided without determining the disputed question of fact.

Kerala High Court Awards ₹53 Lakh To Woman Disabled After Road Accident As A Minor, Fixes Notional Income More Than Claimed By Counsel

Case Title: Sumisha (Minor) v Shaji P. Y. and Others

Citation: 2025 LiveLaw (Ker) 297

While considering a plea involving a woman, who as a minor in 2006 suffered serious injuries and was rendered disabled in a road accident, the Kerala High Court enhanced the compensation awarded to her by increasing the notional income for assessing loss of disability after taking into account the girl's severe condition.

The DLSA Secretary's report stated that since the woman cannot do anything of her own, she always needs someone's help, for all her daily necessities. Justice C. Pratheep Kumar further observed that just because the girl's counsel before the tribunal canvassed for fixing the notional income of the petitioner at Rs.3000, does not mean that the insurer can be permitted to take advantage of this suggestion.

Denial Of Public Employment To Person Based On Hepatitis-B Infection Illegal, Violative Of Article 14: Kerala High Court

Case Title: X v. FACT and others

Citation: 2025 LiveLaw (Ker) 298

The Kerala High Court recently held that denial of public employment to a person who is afflicted with Hepatitis B is illegal, unfair, unjustifiable and is violative of the Right to Equality under Article 14 of the Constitution of India.

The Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar passed the judgment while hearing the appeal preferred by an individual denied the post of Assistant General at Fertilizers and Chemicals Travancore Limited (FACT), on finding him medically unfit.

Veterinary Student Death: Kerala High Court Disposes Mother's Appeal Against Order Halting Expulsion Of Accused Students

Case Title: Sheeba M.R. v. Kerala Veterinary and Animal Sciences University and Connected Cases

Citation: 2025 LiveLaw (Ker) 299

The Kerala High Court on Wednesday (May 28) disposed of appeals moved by the mother of veterinary student Sidharthan J.S., who allegedly committed suicide last year. The writ appeals were filed against a single judge's order, which had quashed the expulsion of eighteen students of the College of Veterinary & Animal Sciences at Mannuthy. 

The Division Bench of Justice Amit Rawal and Justice K.V. Jayakumar has passed the judgment in the mother's appeal as well as connected appeals, in accordance with the finding of the respondent University.

The University had earlier passed order debarring these eighteen students, who were implicated as accused in the case, for three years.

Husband Sending Draft Divorce Agreement To Wife Would Not Constitute Abetment Of Suicide: Kerala High Court

Case Title: Puthiya Purayil Shaji v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 300

The Kerala High Court recently set aside an order of the trial court which had added the charge of abetment of suicide against man whose wife is stated to have committed suicide by allegedly jumping into a well days after a draft divorce agreement was given to her.

Referring to the ingredients of Section 306 Justice Kauser Edappagath said that there is nothing in the allegations to show that there was any instigation or intentional aiding or direct or indirect act of incitement to the commission of the offence of suicide by the petitioner.

'If VC Gets Salary, Student Can't Be Denied Fellowship' : Kerala HC Bars Salary To University VC & Registrar Till Student's Dues Cleared

Case Title: Adarsh E. v The Registrar and Others

Citation: 2025 LiveLaw (Ker) 301

The Kerala High Court recently came down heavily on the Sankaracharya University for denying fellowship to a research student.

The Court opined that when the Vice-Chancellor of the University is being paid salary regularly, there is no reason for the non–payment of the petitioner's fellowship.

“If the Vice Chancellor of the University is being paid salary regularly, there can be no justification for non-payment of the petitioner's fellowship”, observed Justice D. K. Singh

Benefit Of S.14 Limitation Act Can't Be Construed So Liberally Just To Save A Lis: Kerala High Court

Case Title: M/S. National Collateral Management Service Ltd. and another v. Valiyaparambil Traders

Citation: 2025 LiveLaw (Ker) 302

The Kerala High Court has held that the benefit of exclusion of limitation period under Section 14(1) of the Limitation Act would not be available in the subsequent suit unless all the ingredients under the provision are satisfied. The Court found that the provision cannot be liberally construed, just to save a lis.

A division bench of Justice Satish Ninan and Justice P. Krishna Kumar, while hearing the appeal, set aside the trial court order, which decreed the suit in favour of the respondents (plaintiffs), after finding that the respondents' pursuit of an earlier suit can be excluded in view of the benefit under Section 14 of the Limitation Act.

Kerala High Court Slams State For 'Harassing' Former VC In-Charge Of KTU Ciza Thomas, Orders Release Of Pension

Case Title: Dr. Ciza Thomas v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 303

The Kerala High Court on Friday (May 30) directed the state government to release within two weeks all pensionary benefits due to Dr. Ciza Thomas who retired as Principal of Government Engineering College on March 31, 2023.

The Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John remarked that the Government was harassing Dr. Thomas for accepting the appointment to the VC post.

Kerala High Court Grants Anticipatory Bail To Malayalam Director Akhil Marar Booked For Posting Facebook Video On Pahalgam Terror Attack

Case Title: Akhil Raj v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 304

The Kerala High Court on Wednesday (May 28) granted anticipatory bail to Malayalam Movie Director Akhil Marar in the case of allegedly endangering the sovereignty and unity of India by posting a Facebook video about the Pahalgam terror attack and the retaliation by the Indian force.

"Since the petitioner is willing to cooperate with the investigation, I am of the view that this is a fit case to protect the petitioner with an order of anticipatory bail" ordered Justice Bechu Kurian Thomas.

Other Important Developments This Week

Shahabas Murder Case: Kerala High Court Reserves Verdict In Fresh Bail Pleas Moved By Juveniles

Case Title: X v State

Case No: Bail Application 6291/2025 and connected cases

The Kerala High Court on Monday (May 26) reserved its verdict in the fresh bail pleas moved by juvenile accused, who were allegedly involved in the murder of 15-year-old Shahabas, a class 10 student.

Justice Bechu Kurian Thomas heard detailed arguments in the matter.

Kerala High Court Seeks State's Response On Bail Plea Of ED Officer Who Was Accused Of Asking For ₹2 Crore Bribe

Case Title: Shekhar Kumar v State of Kerala 

Case No: BA 6918 of 2025

The Kerala High Court on Monday (May 26) sought State's response on a bail plea filed by an officer who is posted as an Assistant Director with the Enforcement Directorate (ED), Kochi. 

It is alleged that the officer, through another person, demanded Rs. 2 Crore bribe for letting the complainant in a matter off the case. The plea was listed before Justice G. Girish.

IB Officer's Death: Accused Colleague Sukanth Suresh Moves Kerala High Court For Directing Police Not To 'Leak' Sensitive Materials

Case Title: Sukanth Suresh P. v State of Kerala and Others

Case No: Bail Application 5091/ 2025

Intelligence Bureau (IB) Officer Sukanth Suresh, who is accused of abetting the suicide of his girlfriend/ colleague, has approached the Kerala High Court seeking a direction against the Police not to leak the sensitive materials related to the case under investigation. 

According to Suresh, the sole custody of these materials was with the investigating agency and these have been released selectively to the media.

Businessman Who Accused ED Officer Of Bribery Gets ED Summons; Kerala High Court Stays His Arrest

Case Title: Aneesh Babu v Assistant Director

Case No: BA 7121/ 2025

The Kerala High Court on Thursday (29^th May) directed not to arrest the businessman, Aneesh Babu who raised allegation of bribery against the Assistant Director of the Enforcement Directorate, Ernakulam Office. Justice Kauser Edappagath has posted the case after a week.

The petitioner stated that after he registered the vigilance case against the Enforcement Officer, he has got a summons from the Delhi ED office. As per the notice, he was asked to bring all the documents relating to the Vigilance Case. It is further mentioned in the notice that failure to appear and give evidence will lead to proceedings under Prevention of Money Laundering Act, 2002 and other provisions of BNS, 2023. The court has issued a direction not to arrest in this matter.

Kerala High Court Directs State To Audit Citizen's Complaints Lodged On 'K-SMART', Report On FIRs Registered & Fines Imposed

Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala & Ors.

Case No: WP(C) No. 22750/ 2018

The Kerala High Court on Thursday (May 29) passed an interim order directing the Secretary of Local Self Government Institutions (LSGI), which is the competent authority, to submit a detailed report on the actions taken on the complaints registered on K-SMART.

The direction was passed by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/banners in public places. The Amicus Curie in the case, Advocate Harish Vasudevan, submitted to the Court that the complaints in the K-SMART app were not being properly accounted for or any action taken.

Court Fees Increased In View Of 20-Year Inflation After Detailed Study & Deliberation With Stakeholders: Kerala Govt To High Court

Case Title: Kerala High Court Advocates Association v State of Kerala and Others

Case No: WP(PIL) 14/ 2025

While opposing a plea against increase in Court Fees, the Kerala Government told the high court that the hike in court fees was done keeping in mind inflation of the past 20 years, after a detailed study and deliberating with all the stakeholders.

The submission was made in the State government's counter affidavit to the PIL filed by Kerala High Court Advocates Association (KHCAA), challenging the increase in Court Fees and imposition of Ad-Valorem fees without an upper limit brought about through an amendment in the Kerala Court Fees and Suit Valuation Act.