Kerala High Court Weekly Round-Up: May 19 – 25, 2025

Kurian Abraham and Others v State of Kerala and Others & Connected matters, 2025 LiveLaw (Ker) 279

State of Kerala v the Chancellor and Others, 2025 LiveLaw (Ker) 280

Dr. Joseph John MD v. The State of Kerala and another, 2025 LiveLaw (Ker) 281

State of Kerala and Others v T. R. Vijayakumar & Connected cases, 2025 LiveLaw (Ker) 282

State of Kerala v The Chancellor and Others, 2025 LiveLaw (Ker) 283

The Federal Bank Limited v. Chief Judicial Magistrate, Kozhikode and others, 2025 LiveLaw (Ker) 284

Omana Thomas v Ajith Prakash and Others, 2025 LiveLaw (Ker) 285

X v Y, 2025 LiveLaw (Ker) 286

Thankamany and another v. Asst. Executive Engineer, KSEB and others, 2025 LiveLaw (Ker) 287

Sivasankaran v. Rejin and others, 2025 LiveLaw (Ker) 288

Suo Motu v State of Kerala and Others, 2025 LiveLaw (Ker) 289

T. N. Gopalan @ T. N. Gopalakrishnan and Others v State of Kerala and Others, 2025 LiveLaw (Ker) 290

Vincy Cherian and Others v The District Collector and Others, 2025 LiveLaw (Ker) 291

Abraham, S/o Chacko and others v. Ajitha Jayakumar and others, 2025 LiveLaw (Ker) 292

Shamil Muhammed v. State of Kerala and another, 2025 LiveLaw (Ker) 293

Judgments/ Orders This Week

Strict Distinction Between Residential And Non-Residential Areas Is Challenging In Era Of Rapid Urbanisation: Kerala High Court

Case Title: Kurian Abraham and Others v State of Kerala and Others & Connected matters

Citation: 2025 LiveLaw (Ker) 279

While dismissing a plea against the alleged increased commercialization of a residential colony in Kochi, the Kerala High Court held that such strict distinction between residential and non-residential areas is increasingly challenging in the context of rapid urban development.

Justice P. M. Manoj in his order observed:

“In the context of globalization and rapid urban development, particularly with the growth of trade, commerce, and city life, drawing a clear distinction between residential and non-residential premises in towns, cities, and metropolitan areas has become increasingly challenging. With space being a scarce resource, people are compelled to make the most efficient use of the available land. As a result, commercial establishments have inevitably emerged even within residential areas. Such commercial usage is no longer seen as an exception but rather as a practical necessity of modern urban living. The current lifestyle – characterized by time constraints, long commutes, and a preference for convenient access to essential service- has led to a growing demand for schools, colleges, shops, banks, hospitals, nursing homes, religious places, and other facilities within residential neighbourhoods. Many housing societies now make express provisions for such mixed usage, and this trend is not only accepted but often welcomed by majority of the residents.”

'Unsustainable In Law, Non-Adherence To Procedure': Kerala High Court On Ex-Guv's Appointment Of VC To APJ Abdul Kalam Technological University

Case Title: State of Kerala v the Chancellor and Others

Citation: 2025 LiveLaw (Ker) 280

The Kerala High Court on Monday (19th May) held that the appointment of Dr. K. Sivaprasad by the former Governor Arif Mohammed Khan to the post of temporary Vice Chancellor of APJ Abdul Kalam Technological University was” not sustainable in law”. The appointment was made in November 2024 by the Governor who also holds the post of ex-officio Chancellor of the University.

Justice Gopinath P. held that the Chancellor did not follow the procedure mentioned under Section 13(7) of the APJ Abdul Kalam Technological University Act, 2015. As per the provision, the Chancellor has to appoint a temporary VC based on the recommendation of the Government.

Prescribing Medicine Over Phone Is Not Criminal Negligence If Similar Course Of Action Would Be Taken By Other Medics: Kerala High Court

Case Title: Dr. Joseph John MD v. The State of Kerala and another

Citation: 2025 LiveLaw (Ker) 281

The Kerala High Court recently held that the action of a doctor, administering treatment over the telephone a patient, who later succumbed to his illness, would not amount to criminal negligence.

Justice G. Girish passed the order in the Criminal Miscellaneous Case preferred by the doctor, who was charged under S. 304A of the Indian Penal Code, challenging the criminal proceedings initiated against him for allegedly causing the death of his patient.

Excise Officers Deputed To Inspect Private Distilleries Not Doing 'Additional' Duty, Must Be Given Full Pay By Distilleries: Kerala High Court

Case Title: State of Kerala and Others v T. R. Vijayakumar & Connected cases

Citation: 2025 LiveLaw (Ker) 282

The Kerala High Court held that private distilleries are liable to pay full pay and allowances of the excise officers deployed to supervise the manufacturing of liquor and allied activities.

The Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. noted that as per Form IVA of the Rules, the licensee of a distillery should pay to the Government Treasury the actual cost of the staff appointed for the purpose of excise, supervision which includes pay, dearness allowance, uniform allowance and other compensatory allowances calculated at such rates as may be prescribed by the Commission from time to time.

Kerala High Court Finds Appointment Of VC Of Kerala University Of Digital Sciences Unsustainable, Allows Her To Complete Term

Case Title: State of Kerala v The Chancellor and Others

Citation: 2025 LiveLaw (Ker) 283

The Kerala High Court recently held that the appointment of Dr. Ciza Thomas as the Vice Chancellor of Kerala University of Digital Sciences Innovation and Technology was unsustainable.

Justice P. Gopinath ordered thus in a petition filed by the State challenging the appointment. The appointment was made by the then-Chancellor of the University and former Governor of the State, Arif Mohammad Khan. The Court has also declared the appointment made by him to the post of VC in the APJ Abdul Kalam Technological University unsustainable in law.

S.14 SARFAESI Act | Magistrate Can't Exercise Adjudicatory Powers In Proceedings To Take Possession Of Secured Asset: Kerala High Court

Case Title: The Federal Bank Limited v. Chief Judicial Magistrate, Kozhikode and others

Citation: 2025 LiveLaw (Ker) 284

The Kerala High Court has reiterated that the Chief Judicial Magistrate (CJM) cannot exercise adjudicatory powers in the proceedings for securing assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002.

Justice P. Gopinath passed the order while hearing a Writ Petition filed by the petitioner Bank challenging the maintainability of a plea filed by the 2^nd respondent before the CJM arguing that the issues raised in the plea before the CJM cannot be decided by the magistrate.

Pendency Of Suit Over Respondent's Right On Shared Household Not A Bar To Order His Removal Under Domestic Violence Act: Kerala High Court

Case Title: Omana Thomas v Ajith Prakash and Others

Citation: 2025 LiveLaw (Ker) 285

The Kerala High Court held that the pendency of a civil suit concerning the title on a property is not a bar on giving an order under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) to direct the alleged aggressor to remove himself from the shared household.

Justice C. Jayachandran ordered thus in a challenge against the Sessions Court order which refused to affirm the Magistrate's order granting relief under Section 19(1)(b) saying that it would render the pending civil suit infructuous.

Don't Involve Police Stations In Children's Custody Arrangements: Kerala High Court Tells Family Courts

Case Title: X v Y

Citation: 2025 LiveLaw (Ker) 286

The Kerala High Court directed Family Courts to not involve police stations in custody arrangement of children. The Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha made this order after noticing order of a family Court directing the parents to exchange the child at police custody as the interim custody arrangement.

Appellate Court Cannot Waive Payment Of Court Fee Before Trial Court On Account Of Settlement Of Appeal: Kerala High Court

Case Title: Thankamany and another v. Asst. Executive Engineer, KSEB and others

Citation: 2025 LiveLaw (Ker) 287

The Kerala High Court recently decided that it is not legally permissible for an appellate court to waive payment of court fee before the trial court on account of settlement of appeal. Justice A. Badharudeen laid down the legal position in a common judgment while hearing two Regular First Appeals (RFAs).

Motor Vehicles Act | LMV Licence Holder Entitled To Drive Auto Rickshaw; Kerala High Court Retrospectively Applies SC Ruling

Case Title: Sivasankaran v. Rejin and others

Citation: 2025 LiveLaw (Ker) 288

The Kerala High Court recently held that a person holding an LMV licence would not be disentitled to drive an auto rickshaw, in the light of the Supreme Court's ruling in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi.

The judgment was pronounced by Justice Johnson John while considering a Motor Accidents Claims Appeal (MACA) preferred by the owner of the vehicle (auto rickshaw). The permission granted by the Motor Accidents Claims Tribunal to the insurance company to recover the award amount from the owner of the vehicle was challenged before the High Court.

Kerala High Court Orders Action Against Indiscriminate Waste Dumping At Sabarimala After Elephants, Deer Died Due To Consuming Plastic

Case Title: Suo Motu v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 289

Taking into account the indiscriminate dumping of garbage in Sabarimala, the Kerala High Court has ordered to take action under the Wild Life (Protection) Act against persons responsible for dumping and burning of waste near Sabarimala in the 2024-25 Mandala Makaravilakku season.

The Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. directed the Deputy Director of Tiger Reserve (West Division) to take action under the provision of the Wildlife (Protection) Act against persons responsible for unscientific dumping of solid wastes and for burning the said waste in open land.

Kerala High Court Directs State Electricity Board To Publish Whole Works Contracts On Their Website

Case Title: T. N. Gopalan @ T. N. Gopalakrishnan and Others v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 290

The Kerala High Court has directed the Kerala State Electricity Board Limited (KSEBL) to install necessary infrastructural, resources and procedural arrangements to publish whole works contract on its website.

Justice Mohammed Nias C. P. in the order passed on April said:

"Though I find substantial force in the argument of the learned standing counsel for the KSEB on the locus of the petitioner, taking into account the public interest and to ensure transparency, the following directions are issued; Four months is granted from today to the Board to institute adequate infrastructural, even resources and procedural arrangements to capacitate publication of whole works contract in the website, which will prevent the allegations of favouritism in the award of grant of contract".

Kerala Government Land Assignment Act Not Intended To Enrich Persons Who Hold Extensive Land: High Court

Case Title: Vincy Cherian and Others v The District Collector and Others

Citation: 2025 LiveLaw (Ker) 291

The Kerala High Court observed that the provisions of Kerala Government Land Assignment Act and Kerala Land Assignment Rules was intended to protect landless people and not to enrich people who were already holding extensive lands.

The Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. observed that as per the Rules, Government can assign land under the Rules for personal cultivation, construction of houses and for the enjoyment of adjoined registered holdings. Priority is given to landless people, members of Scheduled Caste and Scheduled Tribes, Ex-servicemen, persons disabled in active military service, persons who are dependents of those who are killed or disabled while in active military service, small holders whose family income is less than Rs.10,000/- certain category of kumkidars etc.

Essential Requirements To Complete Gift Deeds Under Transfer Of Property Act Would Also Apply To Settlement Deeds: Kerala High Court

Case Title: Abraham, S/o Chacko and others v. Ajitha Jayakumar and others

Citation: 2025 LiveLaw (Ker) 292

The Kerala High Court has held that the requirements to complete a Gift deed provided under Transfer of Property Act would also apply to a settlement deed, even though there is a slight difference between the two.

Justice A. Badharudheen passed the decision while considering an appeal challenging trial court's declaration that the plaint schedule property belonged to the 1st respondent (plaintiff).

Can't Tolerate Experimentation In Litigation: Kerala High Court Raps Party For Filing Case Without Disclosing Earlier Matter Seeking Same Relief

Case Title: Shamil Muhammed v. State of Kerala and another

Citation: 2025 LiveLaw (Ker) 293

The Kerala High Court recently imposed an exemplary cost of ₹20,000 against the petitioner in a Criminal Miscellaneous Case for filing a second Crl.M.C. through another counsel while the first one, seeking the same relief, was still pending before the Court.

Justice S. Manu passed the order while hearing the first Crl.M.C. filed by the petitioner in the case. The Public Prosecutor informed the Court that there was a second Crl.M.C., which was allowed, and that the criminal proceedings were quashed. The Court had, in an earlier interim order, directed the Registry to send a notice to the petitioner to show cause why appropriate proceedings shall not be initiated and exemplary cost shall not be imposed.

Other Important Developments This Week

'Criminal Law Seeks To Reform': Kerala High Court Questions Non-Publication Of 10th Standard Results Of Students Involved In Shahabas Murder Case

The Kerala High Court on Tuesday (20th May) enquired of the State about how it can delay publishing the 10th standard result of children allegedly involved in the murder of 15-year-old Shahabas.

'I Want My Fundamental Right On MG Road' : Kerala High Court Directs Authorities To Keep Cochin City Ready To Face Monsoon

While hearing a Writ Petition, the Kerala High Court on Tuesday (May 20) emphasised on the importance of preparing the city of Ernakulam for the onset of the monsoon season.

Bar Associations Are 'Public Authorities' Under RTI Act : Kerala State Information Commission

The Kerala State Information Commission (SIC) recently passed an order wherein it held that all Bar Associations functioning in Kerala can be considered to be 'public authority' as per sections 2(h)(d) and 2 (h)(ii) of the Right to Information (RTI) Act, 2005.

'Matter Of Great Concern': Kerala High Court On Collapse Of National Highway; NHAI Concedes Certain Lapses

While hearing a Writ Petition, the Kerala High Court on Friday (May 23) expressed its concern about the condition of roads in the light of the collapse of the recently elevated National Highway – 66 in Malappuram District.