Kerala High Court Weekly Round-Up: September 1 - September 7, 2025

Dr Vinodkumar Jacob v The Vice Chancellor and Anr and Connected Matter, 2025 LiveLaw (Ker) 538

C.P. Muhammed v. The Geologist and Ors. and connected cases, 2025 LiveLaw (Ker) 539

Bindhu Kuniparambath v. The Joint Chief Controller of Explosives and Ors., 2025 LiveLaw (Ker) 540

X v Abraham Mathai and Ors., 2025 LiveLaw (Ker) 541

Abdul Jabbar v. State of Kerala, 2025 LiveLaw (Ker) 542

Aparna Nair v State of Kerala, 2025 LiveLaw (Ker) 543

Judgments/ Orders This Week

KTU Syndicate Meeting Can't Be Continued After Vice-Chancellor Calls It Off, Will Create 'Ridiculous Situations': Kerala High Court

Case Title: Dr Vinodkumar Jacob v The Vice Chancellor and Anr and Connected Matter

Citation: 2025 LiveLaw (Ker) 538

The Kerala High Court has held that members of the Syndicate of APJ Abdul Kalam Technological University (KTU) cannot continue a meeting once it has been called off by the Vice-Chancellor.

Justice T R Ravi passed the order in two writ petitions filed by two Syndicate members challenging the annulment of decisions by the Vice Chancellor which were taken at the 63rd Syndicate meeting of KTU after the VC had declared the meeting as closed.

Kerala HC Partly Quashes Centre's 2022 Memo Extending Validity Of Clearance For Mining Projects As Violative Of Environment Protection Act

Case Title: C.P. Muhammed v. The Geologist and Ors. and connected cases

Citation: 2025 LiveLaw (Ker) 539

The Kerala High Court has struck down portions of a 2022 notification and subsequent clarification (Office Memorandum (O.M.)) issued by the Union Ministry of Environment, Forest and Climate Change (MoEFCC) to the extent it gives extension of validity period of Environment Clearance to mining projects.

Justice C Jayachandran, in his order observed:

“The impugned Ext.P8 notification dated 12.04.2022 –insofar as it is applicable to mines and mining operations as provided in clause 9(iv) - is declared ultra vires the Environment (Protection) Act, the Environment (Protection) Rules, and also, the EIA notification, 2006 and hence struck down as unconstitutional. Ext.P9 Office Memorandum is also declared illegal and ultra vires the Environment (Protection) Act, the Environment (Protection) Rules and the EIA notification, 2006, insofar as it pertains to mines and mining operations. Consequently, the 6th respondent will stand directed, by a writ of mandamus, to take action in accord with law regarding the quarrying operations of the 9th respondent, treating Ext.P20 E.C. to have expired.”

Petroleum Outlet Can Be Opened Near College, Siting Criteria Only Bars Vicinity With Schools & Hospitals: Kerala High Court

Case Title: Bindhu Kuniparambath v. The Joint Chief Controller of Explosives and Ors.

Citation: 2025 LiveLaw (Ker) 540

The Kerala High Court has recently clarified that colleges do not fall within the ambit of sensitive locations for the purpose of siting criteria for petroleum outlets.

Justice S. Manu was considering a challenge to an order passed by the Deputy Chief Controller of Explosives (2nd respondent) rejecting the approval sought by the petitioner to give her property for starting a retail outlet of petroleum products.

'Written Complaint Essential For Adjudicating PoSH Cases, Labour Disputes Not Covered Under Act': Kerala High Court

Case Title: X v Abraham Mathai and Ors.

Citation: 2025 LiveLaw (Ker) 541

The Kerala High Court has reiterated that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be initiated without a written complaint and that disputes of a purely labour nature do not fall under the Act's framework.

A division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar dismissed a writ appeal, affirming a single bench decision that quashed the finding of the Local Level Committee constituted under the POSH Act, and a subsequent communication from District Collector, Thiruvananthapuram.

Creating 'Hostile Environment' For Employee At Work Does Not Fall Under Scope of PoSH Act: Kerala High Court

Case Title: X v Abraham Mathai and Ors.

Citation: 2025 LiveLaw (Ker) 541

The Kerala High Court has ruled that allegations of creating a hostile work environment, without any element of sexual conduct or advances, do not amount to “sexual harassment” under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).

A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar made the observation while dismissing a writ appeal challenging a single judge's decision that had quashed the report of a Local Level Committee constituted under PoSH Act and a compliance directive from the Thiruvananthapuram District Collector.

Chain Snatching | Recovery Of Stolen Items Not Sufficient For Conviction Without Identification Of Person Who Committed Theft: Kerala High Court

Case Title: Abdul Jabbar v. State of Kerala

Citation: 2025 LiveLaw (Ker) 542

The Kerala High Court has recently held that a person cannot be convicted merely on the basis of recovery of stolen items when the same is not corroborated with evidence to show that it was, in fact, he who stole them.

Dr. Justice Kauser Edappagath relied on the decision of the Supreme Court in Manoj Kumar Soni v. State of Madhya Pradesh, wherein it was held that disclosure statements cannot be the sole basis for conviction when unaccompanied by supporting evidence.

Sending Money To Complainant's Relative Not Proof Of Crime: Kerala High Court Grants Anticipatory Bail To Woman Accused Of Trafficking

Case Title: Aparna Nair v State of Kerala

Citation: 2025 LiveLaw (Ker) 543

While granting anticipatory bail to a woman accused of trafficking the children of the complainant to UAE, the Kerala High Court observed the mere fact that she had sent money to the complainant's relative does not prove her involvement in the alleged crime.

Justice Bechu Kurian Thomas made the observation in a case where the prosecution alleged that the petitioner (second accused) along with accused 1 and 3, had promised to provide an employment to the two children of de-facto complainant and had trafficked them to 'UAE' on a visiting visa.

Other Important Developments This Week

Kerala High Court Issues Draft Guidelines To Provide Fair Hearing To Accused In Medical Negligence Cases

Case Title: Dr. Mohamed Rizwan T. v. State of Kerala and Ors.

Case No: Crl.M.C. Nos. 3414 & 4729/2025

The Kerala High Court recently passed a detailed interim order with draft guidelines for granting a fair opportunity to medical practitioners who are accused of medical negligence.

Laying down a 12-point draft guideline, Justice V.G. Arun requested the Additional Director General of Prosecution to place the same before the government for immediate action.

Kerala HC Seeks State Bar Council's Stand On Plea By Retiree Challenging Denial Of Enrolment For Pursuing LLB Evening Classes, 60K Fee

Case Title: P.S. Vijayakumaran v. Union of India and Ors.

Case No: WP(C) 32947/2025

The Kerala High Court on Monday (September 1) sought the stand of the Bar Council of Kerala on a petition challenging the denial of enrolment of a retired government employee merely because he passed his LL.B. course by attending evening classes.

The petition also challenged the exorbitant enrolment fee charged by the bar council from retired persons, an amount of Rs. 60,400/-, much higher than the fee of Rs. 750/- prescribed under Section 24 of the Advocates Act.

When the matter came up for consideration, Justice P. Krishna Kumar directed the standing counsel of the Bar Council of Kerala to get instructions.

Kerala High Court Asks State Bar Council To Receive Enrollment Application Of Retired Govt Employee Who Pursued LLB In Evening Classes

Case Title: P.S. Vijayakumaran v. Union of India and Ors.

Case No: WP(C) 32947/2025

The Kerala High Court has directed the Bar Council of Kerala to receive the application for enrollment of a retired government employee, who completed LLB course by attending evening classes.

Justice Easwaran S admitted the writ petition and issued an interim order directing the Bar Council of Kerala to receive the application.

Kerala High Court Seeks Clarity On Travancore Devaswom Board's Global Event At Sabarimala, Says Can't Use Devotees' Money

Case Tile: Ajeesh Kalathil Gopi v. State of Kerala and Ors.

Case No: WP (PIL) No. 109 of 2025

A lawyer has moved a PIL before the Kerala High Court seeking a direction restraining the State government and the Travancore Devaswom Board (TDB) from conducting an event titled 'Global Ayyappa Sangamam' in the premises of Sabarimala Shrine and Pampa from 16-20 September.

According to the plea, the event is veiled as one related to devotion, tourism and secular promotion, but in reality, is a political congregation.

When the matter came before the Court for consideration on Wednesday (September 3), the Division Bench of Justice Devan Ramachandran and Justice Syam Kumar V.M. orally questioned the parties about the nature of the event.

"Manjummel Boys" Producers Approach Kerala High Court Seeking Permission To Attend Award Show In Dubai

Case Title: Shawn Anthony and Anr v State of Kerala

Case No: Crl. M C 7955/ 2025

Shawn Antony and Soubin Shahir, the producers of “Manjummel Boys”, have approached the Kerala High Court for relaxation in anticipatory bail conditions, which prevent them from leaving India without permission of the Court to attend the South Indian International Movie Awards (SIIMA) 2025.

The petitioners, accused in a cheating case, approached the High Court after a criminal miscellaneous petition seeking modification of condition 'f' in the bail order, which prevented them from leaving India without the permission of the Court, was dismissed by the Judicial First-Class Magistrate, Ernakulam.

Justice P V Balakrishnan adjourned the matter to September 8 for a detailed report from the investigating officer.

Competent Authorities Will Take Action: Kerala High Court In PIL Alleging Large-Scale Corruption By Cashew Board

Case Title: Adv. Vishnu Sunil Panthalam @ Vishnu Sunil v. Director, Vigilance and Anti-Corruption Bureau and Ors.

Case No: WP(PIL) 109 of 2025

A public interest litigation has been moved before the Kerala High Court alleging large-scale corruption in the import of Raw Cashew Nuts (RCN) by the Kerala Cashew Board Ltd. (KCB). In the plea, the petitioner has stated that even though he had submitted a complaint (Exhibit P8) before Vigilance and Anti-Corruption Bureau (VACB), the same has not yet been considered.

The Division Bench of Justice Devan Ramachandran and Justice Syam Kumar V.M. recorded the submission made by the counsel for the petitioner that there is a likelihood of removal of the cashew nuts and kernels by the 3rd respondent (Kerala State Cashew Development Corporation Ltd. - KSCDC) and therefore, there is urgency in the matter.