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Kerala High Court Weekly Round-Up: September 22 - September 28, 2025
K. Salma Jennath
29 Sept 2025 10:20 AM IST
Nominal Index [Citations: 2025 LiveLaw (Ker) 588 - 608]Muhammed Anwarsha v State of Kerala, 2025 LiveLaw (Ker) 588Babu K.M. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 589The District Collector and Others v Thangal Kunju and Anr, 2025 LiveLaw (Ker) 590Anoop Paul v. M.P. Cherian and Anr., 2025 LiveLaw (Ker) 591Santhosh Kumar v. Syamala and Anr., 2025 LiveLaw (Ker) 592XXX v. State of...
Nominal Index [Citations: 2025 LiveLaw (Ker) 588 - 608]
Muhammed Anwarsha v State of Kerala, 2025 LiveLaw (Ker) 588
Babu K.M. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 589
The District Collector and Others v Thangal Kunju and Anr, 2025 LiveLaw (Ker) 590
Anoop Paul v. M.P. Cherian and Anr., 2025 LiveLaw (Ker) 591
Santhosh Kumar v. Syamala and Anr., 2025 LiveLaw (Ker) 592
XXX v. State of Kerala and Ors., 2025 LiveLaw (Ker) 593
Sivan and Anr. v. Raju P.V. and Anr., 2025 LiveLaw (Ker) 594
Praveen Raj v. State of Kerala, 2025 LiveLaw (Ker) 595
Shiny S Raj v State of Kerala, 2025 LiveLaw (Ker) 596
Sivan and Others v State, 2025 LiveLaw (Ker) 597
Sainaba Hamza Koya v. The Income Tax Officer, 2025 LiveLaw (Ker) 598
National Highways Authority of India v. Lawrence and Ors., 2025 LiveLaw (Ker) 599
Sree Gokulam Chit and Finance Co, (P) Ltd v The District Superintendent of Police and Others, 2025 LiveLaw (Ker) 600
R. Thilakan and Ors. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 601
P.N. Suresh Kumar and Others v State of Kerala and Another, 2025 LiveLaw (Ker) 602
K.C. Dileep Kumar v Kerala State Electricity Board Ltd and Others, 2025 LiveLaw (Ker) 603
State of Kerala v. Enforcement Directorate, 2025 LiveLaw (Ker) 604
Muhammed Shammas P. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 605
Abdullakutty Haji v H Musthafa, 2025 LiveLaw (Ker) 606
Kulathoor Jaisingh v State of Kerala and Ors, 2025 LiveLaw (Ker) 607
XXX v. State of Kerala and Ors., 2025 LiveLaw (Ker) 608
Judgments/ Orders This Week
Case Title: Muhammed Anwarsha v State of Kerala
Citation: 2025 LiveLaw (Ker) 588
The Kerala High Court has granted bail to a man accused of offences under Protection of Children from Sexual Offences Act, 2012 and ST/ ST (Prevention of Atrocities) Act, 1989 despite his being involved in 21 other criminal offences.
Justice Bechu Kurian Thomas while allowing his regular bail plea noted that even though the petitioner is involved in 21 other crimes, considering his young age and since he has been in custody for 90 days, the bail can be granted.
Case Title: Babu K.M. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 589
A PIL was moved before the Kerala High Court alleging large-scale corruption and lack of transparency in the State Lotteries Department. The PIL was preferred by Babu K.M., a retired government official and mandalam president (Vytilla) of Indian National Congress.
The petitioner had, in 2024, sought various information for the financial year 2023-24 from Public Information Officer of Lotteries Department through RTI request. However, the PIO denied answers to some of the queries of the petitioner. Aggrieved, an appeal was filed but the same was rejected. A second appeal was filed, which was partially allowed, directing release of information relating to unclaimed prize money for January 2024 within 10 days. However, this information has not yet been released.
On hearing that the petitioner is challenging the order, Chief Justice Nitin Jamdar and Justice Basant Balaji disposed of the petition and directed the petitioner to follow up with the appropriate remedy.
Case Title: The District Collector and Others v Thangal Kunju and Anr and connected matters
Citation: 2025 LiveLaw (Ker) 590
The Kerala High Court held that corrections made in the Basic Tax Register (BTR) pursuant to re-surveys conducted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, are valid and do not require compliance with Section 27 A of the Act.
The division bench comprising Justice A. Muhamed Mustaque and Justice Harisankar V. Menon dismissed the batch of writ appeals filed by the State challenging the reclassification of certain lands from nilam (paddy field) to purayidam (dry land) in the Basic Tax Register.
Case Title: Anoop Paul v. M.P. Cherian and Anr.
Citation: 2025 LiveLaw (Ker) 591
The Kerala High Court has recently held that an insurance company is liable to pay compensation when the accident is caused by a commercial vehicle, irrespective of whether the accident occurred in a public or private place.
Justice Shoba Annamma Eapen was considering a motor accident claims appeal preferred by an owner cum driver of a JCB challenging the order of the tribunal, which had directed him to pay compensation to a person injured (claimant).
Case Title: Santhosh Kumar v. Syamala and Anr.
Citation: 2025 LiveLaw (Ker) 592
The Kerala High Court recently held that a court cannot extend period of limitation for prosecution of cases merely by stating that it is necessary in the interests of justice. Instead, the court has to be satisfied that delay has been properly explained before allowing an application for extending limitation period under Section 473 of the CrPC.
Dr. Justice Kauser Edappagath observed: “Before allowing an application filed under Section 473 of Cr.P.C, the court must be satisfied, on the facts and circumstances of the case, that the delay has been properly explained. The delay should not be condoned as a matter of routine without sufficient reasons. The court, while condoning delay, has to record the reasons for its satisfaction, and the same must reflect in the order. The extension of the period of limitation merely on the grounds that it is necessary to do so in the interests of justice and not on the ground of explained delay is improper.”
Case Title: XXX v. State of Kerala and Ors.
Citation: 2025 Livelaw (Ker) 593
The Kerala High Court recently directed the state government, the Director General of Police and the Station House Officers (SHO) to erase all police records and details before the Juvenile Justice Board in a case where a minor was the accused.
Justice Shoba Annamma Eapen was considering a plea by a man for erasure of all records relating to the case in which he was arrayed as the 5th accused when he was a minor and was subsequently acquitted.
Case Title: Sivan and Anr. v. Raju P.V. and Anr.
Citation: 2025 LiveLaw (Ker) 594
The Kerala High Court recently held that Permanent Lok Adalats can settle or adjudicate the claims for compensation against employers upon the death of employees. It found that the bar under the Employees Compensation (EC) Act do not apply to the proceedings under Section 22C of the Legal Services Authorities Act.
Justice M.A. Abdul Hakhim was considering an appeal preferred by the parents of the deceased employee against the decision of the Employee's Compensation Commissioner.
Case Title: Praveen Raj v. State of Kerala
Citation: 2025 LiveLaw (Ker) 595
The Kerala High Court recently held that making absolute an order of interim bail granted to an accused on a finding that his arrest was illegal would make it impossible for the investigating agency to arrest him subsequently in a lawful manner. It found that such orders are wrong and have no legal effect.
Justice A. Badharudeen observed that a finding of illegal arrest would relegate an arrestee back to pre-arrest stage and at that stage, if an interim bail is made absolute, it would amount to setting the accused free.
Case Title: Shiny S Raj v State of Kerala
Citation: 2025 LiveLaw (Ker) 596
The Kerala High Court refused to interfere with State Administrative Tribunal's order which upheld the transfer of a teacher, reiterating that supervisory jurisdiction under Article 227 of the Constitution cannot be exercised to correct all errors in the order of the Administrative Tribunal.
Referring to various decisions, a division bench of Justice Anil K. Narendran and Justice Muralee Krishna S., in its judgment observed that powers under Article 227 can be exercised only when there is flagrant abuse of law, or if there is a manifest error, or gross failure of justice.
Case Title: Sivan and Others v State
Citation: 2025 LiveLaw (Ker) 597
The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification.
Justice Johnson John, delivered the judgment in a criminal appeal against judgment Additional Sessions Judge (Adhoc)- II Thodupuzha which convicted the accused for the offence under Section 448(Punishment for house-trespass) and 436 (Mischief by fire or explosive substance with intent to destroy house r/w 34 (Acts done by several persons in furtherance of common intention) of IPC.
Case Title: Sainaba Hamza Koya v. The Income Tax Officer
Citation: 2025 LiveLaw (Ker) 598
The Kerala High Court stated that to claim the Section 54F deduction under the Income Tax Act, the assessee must satisfy the authorities that borrowed funds were used at their own risk with the intention to be repaid with capital gains.
Justice Ziyad Rahman A.A. stated that "...even in a case where, the residential building was purchased, or it was constructed utilising the borrowed funds or funds from other sources, there is an obligation on the part of the Assessee to satisfy the authorities that, the funds were spent by the assessee either through borrowing or arranging from other sources at his/her own risks and costs, in anticipation of or with an intention to appropriate the income to be subjected to capital gain tax, for such purchase or construction…"
Case Title: National Highways Authority of India v. Lawrence and Ors.
Citation: 2025 LiveLaw (Ker) 599
The Kerala High Court recently held that the National Highways Authority of India (NHAI) need not submit the compensation awarded when the Arbitrator's award is challenged by either party, i.e., the claimant or the NHAI.
The Division Bench of Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering a writ appeal preferred by the NHAI challenging the Single Judge's direction to the NHAI to deposit the solatium and interest amount awarded to the claimants while an arbitration appeal was pending before the High Court.
School Cannot Claim Any Land As Its 'Playground' Without Title Deed: Kerala High Court
Case Title: Sree Gokulam Chit and Finance Co, (P) Ltd v The District Superintendent of Police and Others and Connected Matter
Citation: 2025 LiveLaw (Ker) 600
The Kerala High Court has held that a school cannot claim possession of a playground without the required documents, stating that parties claiming rights on the basis of documents are entitled to be in possession of the property.
Justice N. Nagaresh delivered the judgment while considering two writ petitions which related to a property which was claimed to be the only playground of CA Higher Secondary School, Ayyakad.
Case Title: R. Thilakan and Ors. v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 601
The Kerala High Court dismissed the anticipatory bail pleas of four persons, who claimed to be members of trade unions, for allegedly assaulting a post master and threatening him to close down the post office, which was kept open on a protest day.
Justice Bechu Kurian Thomas observed that the offence alleged was a serious one and found it fit not to grant them pre-arrest bail..
Case Title: P.N. Suresh Kumar and Others v State of Kerala and Another
Citation: 2025 LiveLaw (Ker) 602
The Kerala High Court has held that repayment of the amount of misappropriation or value of misappropriation in Corruption cases would not efface the criminal prosecution.
Justice A. Badharudeen delivered the judgment while considering a criminal miscellaneous petition to quash proceedings against the petitioners, accused in misappropriation of stock of foreign liquor worth Rs 27,92,523 from Muvattupuzha Beverages outlet under Kerala State Beverages Corporation (KSBC) while working in the outlet.
Case Title: K.C. Dileep Kumar v Kerala State Electricity Board Ltd and Others
Citation: 2025 LiveLaw (Ker) 603
The Kerala High Court has held that in absence of specific rules regarding reckoning of seniority after integration of cadres, length of service is the appropriate criterion for determining seniority.
The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. set aside an earlier judgment of a single judge.
Kerala High Court Upholds Stay On Judicial Commission Inquiry Into ED's Probe In Gold Smuggling Case
Case Title: State of Kerala v. Enforcement Directorate
Citation: 2025 LiveLaw (Ker) 604
The Kerala High Court on Friday (September 26) upheld a Single Judge's interim order staying the State-appointed Inquiry Commission to probe if the Enforcement Directorate and other central agencies are falsely implicating political leaders in the State, including its CM Pinarayi Vijayan, in the gold smuggling case.
The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. today upheld the stay.
Case Title: Muhammed Shammas P. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 605
The Kerala High Court on Thursday (September 25) directed the Additional Chief Secretary of the State to consider and pass orders for prior sanction to conduct vigilance inquiry into the alleged benami deals of former Kannur district panchayat president P.P. Divya.
Justice A. Badharudheen was considering a plea by Kerala Students Union (KSU) Vice-President, Muhammed Shammas P., seeking a direction for preliminary vigilance inquiry into the alleged benami dealings based on his representation (Exhibit P9) to the 3rd respondent (Director General, Vigilance and Anti-Corruption Bureau).
Case Title: Abdullakutty Haji v H Musthafa and connected matters
Citation: 2025 LiveLaw (Ker) 606
The Kerala High Court has held that the market value of the property must be the determining factor under Section 12 (1)(c) of the Commercial Courts Act, and not the valuation adopted for the purpose of court fees under the Kerala Court Fees and Suits Valuation Act, 1959.
A Full Bench comprising Justice Sathish Ninan, Justice C.S. Dias, and Justice C.S. Sudha delivered the judgement while answering a reference in ICR (CRP) No.11 of 2025, CRP No.133 of 2024, and OP(C) No.753 of 2024.
Case Title: Kulathoor Jaisingh v State of Kerala and Ors and connected matter
Citation: 2025 LiveLaw (Ker) 607
The Kerala High Court has issued directions to the State government on the issue of snakebite management and basic healthcare in schools, while disposing of a writ petition filed in connection with the 2019 snakebite incident involving a school student.
Delivering the judgment, the division Bench comprising Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen directed the State to issue a circular within two weeks, notifying detailed guidelines formulated at a High Level meeting held on September 1, 2025.
Case Title: XXX v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 608
The Kerala High Court recently undertook a unique act of judicial activism when it aided a litigant, who was appearing in person and suffering from schizophrenia, to take mental health support.
The Division Bench of Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian was considering a writ petition filed by the petitioner on a suspicion that he would be detained in accordance with the preventive detention laws.
Other Important Developments This Week
Case Title: Shaji J Kodankadath v Union of India and connected cases
Case No: WP(C) 20253/2021 and connected cases
The Kerala High Court has refused to pass orders lifting suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH 544, citing collapse of a service road at Muringoor.
The Division bench comprising Justice A. Muhammed Mustaque and Justice Harisankar V. Menon were hearing writ petitions concerning severe traffic congestion in the Mannuthy–Edappally stretch of NH 544, particularly near the Paliyekkara Toll Plaza.
Kerala High Court Flags Hygiene Issues, Lack Of Maintenance In Chottanikkara Temple
Case Title: Suo Motu v. State of Kerala
Case No: DBP No. 52/2025
The Kerala High Court recently suo motu impleaded Executive Director (Suchitwa Mission), Executive Engineer of Maramath Wing, Cochin Devaswom Board and Assistant Engineer, Chottanikkara Devaswom as additional respondents in a petition concerning lapses in cleanliness and maintenance in Chottanikkara Temple.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition based on a complaint alleging corruption and maladministration in the temple. The complaint depicted absence of basic amenities, misconduct by temple staff, deterioration in quality of offerings to the deity, financial irregularities, etc. It also contained photographs containing filth and decay in the kitchen and surrounding areas, substantial damage to the structural components of the temple.
Case Title: Bindu N.A. v. Puneet Kumar IAS
Case No: Con.Case(C) 1663/2025 in WP(C) 9113/2025
The Kerala High Court on Monday (September 22) pulled up the Special Secretary to the Local Self Government Department (2nd respondent), while considering a contempt plea filed over non-compliance of an interim direction asking the Secretary to re-instate the petitioner, a person with disability, to the post of part-time librarian in Kaipamangalam Grama Panchayat.
Justice T.R. Ravi had ordered for personal appearance in the contempt case after noting that in the affidavit filed by the 2nd respondent, she had stated that she is waiting for an order from the cabinet.
Case Title: In Re: Designated Courts for MPs/MLAs
Case No: OP (Crl). No. 448 of 2021
The Kerala High Court on Wednesday (September 24) passed an interim direction asking the state government and the High Court administration to issue necessary instructions to the Nodal Officers to coordinate for expediting the service of summons against MP/MLAs in cases which are pending for more than 10 years.
The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the order while considering a suo motu petition registered in 2021 complying with the directions of the Supreme Court in Ashwini Kumar Upadyay v. Union of India [W.P.(C) No. 699 of 2016] so as to monitor the progress of pending criminal cases against sitting/former MPs and MLAs.
Case Title: Aboobacker and Ors v Joint Regional Transport Officer
Case No.: WP(C) 13238/ 2022
The Kerala High Court recently permitted the impleadment of My Metro Bus Services LLP, a consortium of 20 stage carriage operators plying on the Vyttila–Vyttila circular city route, as an additional respondent in an ongoing writ petition concerning bus timings in Kochi.
Justice Amit Rawal, while allowing the impleadment application, noted that the operators had raised significant concerns about the current bus timetable system, which allegedly forces buses to operate on unrealistically short schedules. The Court has previously urged the need to regulate bus timings in the State and directed the Regional Transport Authority (RTA) to take necessary steps, and devise an effective schedule within three months.
Case Title: Baiju Paul Mathews v State of Kerala and connected case
Case No: WP(C) 7858/ 2025 and connected case
The Kerala High Court has pulled up the State government for failing to act with urgency in procuring equipment to tackle recurring human–elephant conflicts in Aaralam and Wayanad, despite clear directions issued over two months ago.
A Division Bench comprising Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian were hearing petitions concerning the human- wildlife conflict in Wayanad and Aralam.
Case Title: Advaith M. v. State of Kerala
Case No: WP(C) 4269/ 2025
The Kerala High Court on Wednesday (September 24) directed the Advisory Committee constituted under Transplantation of Human Organs and Tissues Act to hold within 2 weeks its first ever meeting since its constitution under an August 28, 2024 notification, remarking that it was unfortunate that the court had to direct holding of meeting.
Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a writ petition, which has raised several issues regarding organ donation in the state of Kerala. The petitioner has sought for direction to the official respondents to immediately act in compliance with the directions in WP(C) 33801 of 2017, especially regarding press releases in print and electronic media seeking willing altruistic donors among the community for all patients who are unable to undergo organ transplant surgery owing to unavailability of matching donor.
Case Title: Shaji J Kodankadath v Union of India and connected cases
Case No: WP(C) 20253/2021 and connected cases
The Kerala High Court has extended the suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH 544, amid reports of traffic congestion due to ongoing work being undertaken by the National Highways Authority of India.
The Division bench comprising Justice A Muhammed Mustaque and Justice Harisankar V Menon directed the NHAI to submit a report on the completion of work. It orally said,
"It was reported that yesterday there was traffic congestion due to the work being undertaken. It is appropriate to refer to the following observation of the Committee... in the light of above we adjourn this matter to get a further report as well as the completion of work by NHAI."
Case Title: Rajasimhan v. Union of India
Case No: WP(PIL) No. 117/ 2025
The Kerala High Court on Thursday (September 25) orally questioned an advocate for filing a PIL seeking action against author Arundhati Roy's book 'Mother Mary Comes To Me' for having a photo of the author smoking on the cover, without taking note of a written disclaimer regarding smoking published on the back.
The Court was hearing a PIL filed by an advocate (petitioner) seeking a stay on the book's sale without statutory label. During the hearing a division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji orally said to the petitioner that he had not even shown the book to the court. The petitioner said that he had gone to a bookstall and had taken a photograph.
Case Title: District Insurance Officer v Joy Wilson
Case No: MACA 352/ 2022
The Kerala High Court on Thursday expressed deep exasperation over the recurring accidents involving pedestrians at zebra crossings, despite repeated assurances and directions from the authorities.
Justice Devan Ramachandran was considering a matter concerning road safety and “Zebra crossing”.
Case Title: Sumi Joseph v. The Chief Secretary and Connected cases
Case No: W.P.(C) No. 23505 of 2023 and Connected cases
The Kerala High Court on Thursday (September 25) sought the state government's stand regarding establishment of Special NDPS Courts in all the judicial districts in Kerala.
The Special Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji gave time to the government pleader to get instructions in this regard. The Bench was considering a batch of petitions addressing various issues, facets of drug menace in the State.
Bill To Amend Anti-Ragging Act Pending Before Law Dept For Scrutiny: State Tells Kerala High Court
Case Title: Kerala State Legal Service Authority v. Government of Kerala and Others
Case No: WP(C) No. 8600 of 2025
The Director General of Prosecution on Thursday (September 25) informed the Kerala High Court that the Kerala Prohibition of Ragging Amendment Bill is now before the Law department for scrutiny.
The Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran was considering petitions before it for addressing the issue of ragging menace in the State. Earlier, Kerala State Legal Services Authority (KeLSA) and the University Grants Commission (UGC) had submitted their respective suggestions on the two drafts prepared by the Working Committee, which was constituted to give suggestions for amendment to the Anti-Ragging Act and Rules.
Case Title: State of Kerala v. MV MSC Akiteta II and Ors.
Case No: I.A. No. 1 of 2025 in Adml. S. No. 12/2025
The Kerala High Court has modified the security amount to be deposited for the release of sister ship of MSC Elsa 3 from Rs. 9531 crores to Rs. 1227.62 crores. Earlier, the Court had ordered for the conditional arrest of the MSC Akiteta II (1st defendant ship) in an admiralty suit filed by the government of Kerala (plaintiff).
Justice M.A. Abdul Hakhim observed:
“the Order dated 07.07.2025 in I.A. No.1/2025 in the above Admiralty Suit arresting the Respondent No.1 is modified by substituting the security amount of Rs.9,531 Crores with Rs.1,227.62 Crores. The order of arrest against the Respondent No.1 Vessel shall be until Rs.1,227.62 Crores is deposited by the Respondent No.1 in this Court or until security for the said amount is furnished by the Respondent No.1 to the satisfaction of the Court.”
Kerala High Court Seeks Customs Dept Response On Dulquer Salman's Plea Challenging Seizure Of Car
Case Title: Dulquer Salman v Commissioner and Others
Case No: WP(C) 35869/ 2025
The Kerala High Court on Friday (September 26) sought the response of the Customs Department on a petition filed by actor-producer Dulquer Salman challenging the seizure of his Land Rover Defender by Customs officials as part of Operation Numkhor.
He has contended that the Customs action was "arbitrary, illegal, and based on mere suspicion". A bench of Justice Ziyad Rahman posted the matter to next Tuesday for the response of the department. Senior Advocate A Kumar appeared for the petitioner.