Kerala High Court Weekly Round-Up: September 29 - October 05, 2025

Jaice John and Ors. v The Director of Mining and Geology and Ors., 2025 LiveLaw (Ker) 609

Abdul Khader v. Arumugan and Ors., 2025 LiveLaw (Ker) 610

Shareefa v. The Sub Collector, Tirur and Ors., 2025 LiveLaw (Ker) 611

Athul Dini and Anr. v. The District Registrar and Ors., 2025 LiveLaw (Ker) 612

X v. Y, 2025 LiveLaw (Ker) 613

In the matter of M/s.Kalpetta Janakshema Maruthi Chits Pvt. Ltd. (In Liquidation), 2025 LiveLaw (Ker) 614

Suo Motu v. State of Kerala and Ors., 2025 LiveLaw (Ker) 615

R. Suresh Babu v. State Co-operative Election Commission and Ors., 2025 LiveLaw (Ker) 617

Sravan Kumar Neela v. Assistant Commissioner of Income Tax, 2025 LiveLaw (Ker) 618

K.G. Rejimon v. State of Kerala, 2025 LiveLaw (Ker) 619

Dr. A M Muraleedharan v The Senior Divisional Manager, LIC and Another and connected case, 2025 LiveLaw (Ker) 620

TGN Kumar v The Secretary, MInistry of Corporate Affairs, 2025 LiveLaw (Ker) 621

Judgments/ Orders This Week

Minerals Rules | Project Proponent Seeking Quarrying Permit Must Have Explosives License, Can't Use Another's License: Kerala High Court

Case Title: Jaice John and Ors. v. The Director of Mining and Geology and Ors.

Citation: 2025 LiveLaw (Ker) 609

The Kerala High Court has recently held that a project proponent seeking quarrying permit or lease as per the Kerala Minor Minerals Rules must obtain an explosive licence in their own name and they cannot use the licence belonging to another.

Dr. Justice Kauser Edappagath also clarified that the practice of incorporating the details of another person's property into the licence granted by way of amendment is illegal.

[S.50 MV Act] Registered Owner Of Offending Vehicle Liable To Compensate For Accident, Can Recover Amount From Transferee: Kerala High Court

Case Title: Abdul Khader v. Arumugan and Ors.

Citation: 2025 LiveLaw (Ker) 610

The Kerala High Court has recently held that the registered owner of a vehicle involved in an accident can recover the compensation paid from the transferee of the offending vehicle, if the transfer, which occurred prior to the accident, was not in accordance with Section 50 of the Motor Vehicles Act.

Justice Shoba Annamma Eapen reiterated the finding of the Apex Court in Naveen Kumar v. Vijay Kumar and others [2018 KHC 6083] stating that it is the registered owner who is liable to pay compensation for the purposes of the Motor Vehicles Act.

Wife Cannot File Writ Petition On Behalf Of Husband Without Valid Power Of Attorney: Kerala High Court

Case Title: Shareefa v. The Sub Collector, Tirur and Ors.

Citation: 2025 LiveLaw (Ker) 611

The Kerala High Court recently dismissed a writ petition instituted by a wife on behalf of her husband whose property was being managed by her. It found that the wife has no locus standi to prosecute the petition since she was not an owner or valid power of attorney holder even though the husband was abroad.

The case before Justice C.S. Dias was a writ petition challenging the order of the sub-collector rejecting an application to rectify the classification of land belonging to the petitioner's husband and other co-owners.

Special Marriage Act | Kerala High Court Asks State To Modify Software, Include Actual Date Of Ceremony In Marriage Certificate

Case Title: Athul Dini and Anr. v. The District Registrar and Ors.

Citation: 2025 LiveLaw (Ker) 612

The Kerala High Court recently directed the State to take steps to modify the PEARL software used to generate marriage registration certificates, so as to include the actual date of couples' marriage ceremony in the certificate.

Justice Sobha Annamma Eapen passed the order in a petition filed by a couple, who had solemnized their marriage in accordance with their customary law on 10.07.2022.

The petitioners approached the district registrar (1st respondent) and the marriage officer (2nd respondent) with representations to include the celebration date in the certificate. Their requests were not heeded to, necessitating them to approach the High Court invoking writ jurisdiction.

Kerala High Court Dismisses Wife's Appeal To Back Out Of Mutual Divorce After Accepting Settlement Money

Case Title: X v. Y

Citation: 2025 LiveLaw (Ker) 613

The Kerala High Court has recently dismissed a matrimonial appeal against a family court order filed by a wife seeking to back out from a petition for mutual divorce jointly filed by her along with her husband.

The court dismissed the wife's claim who had refused to consent for divorce contending that she was deceived into a condition in the settlement agreement.

The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha found that the wife had withdrawn the amount deposited by the respondent husband, complying with his part of the conditions in the agreement.

NCLT Approval Not Needed To Adjudicate Criminal Complaints In Cases Where Companies Were Wound Up By HC: Kerala High Court

Case Title: In the matter of M/s.Kalpetta Janakshema Maruthi Chits Pvt. Ltd. (In Liquidation)

Citation: 2025 LiveLaw (Ker) 614

The Kerala High Court has recently held that the leave of the National Company Law Tribunal is not needed to proceed with criminal complaints in cases where the companies have been ordered to be wound up by the High Courts in accordance with provisions of the Companies Act, 1956.

Justice Viju Abraham was considering a report filed by the official liquidator seeking permission to proceed with the complaints, which were pending before the Chief Judicial Magistrate Court, without obtaining leave from the NCLT. The CJM had directed the company under liquidation to obtain leave of the Tribunal to proceed with the case.

Kerala High Court Appoints Former Judge As Observer To Oversee Selection Of Head Priests At Sabarimala & Malikappuram Temples

Case Title: Suo Motu v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 615

The Kerala High Court on Monday (September 29) appointed former high court judge Justice T.R. Ramachandran Nair as 'Observer' to oversee the selection process of Head Priests/Melsanthies at the Sabarimala Sree Dharma Sastha temple and Malikappuram Temples.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order while considering a suo motu petition initiated on the basis of the report of the Sabarimala Special Commissioner. The report was regarding the steps to be taken to ensure fairness, transparency and adherence to the prescribed guidelines for the interview of candidates to be shortlisted for selection of Melsanthies.

Assessments U/S 17D Kerala General Sales Tax Act Must Be Finalised Within Reasonable Time Despite Absence Of Limitation Period: High Court

Case Title: Deputy Commissioner v. Hakeem K.

Citation: 2025 LiveLaw (Ker) 616

The Kerala High Court stated that the assessments under Section 17D Kerala General Sales Tax Act must be finalised within a reasonable period despite the absence of a limitation period.

Justices A. Muhamed Mustaque and Harisankar V. Menon stated that even when the statute does not provide for an outer time limit, the authority has to exercise jurisdiction within a reasonable time. The reasonable period of time for such assessment has to be fixed with reference to the other provisions of the statute.

Kerala Co-Op Societies Rules | Person Proposing Nomination Of Another Candidate Not Disqualified From Contesting Elections: High Court

Case Title: R. Suresh Babu v. State Co-operative Election Commission and Ors.

Citation: 2025 LiveLaw (Ker) 617

The Kerala High Court recently held that there is no provision under the Kerala Cooperative Societies Rules that disqualified a person from contesting in an election merely because he proposed the nomination of another candidate in the same constituency.

The judgment was rendered by Justice K. Babu, who was considering a writ petition challenging the rejection of the petitioner's candidature in election to the APCOS Employees Co-operative Society Ltd No. T.1323 at Plamoottukada, Neyyattinkara, Thiruvananthapuram.

Voluntarily Filed Returns Cannot Be Revised Through Additional Evidence Under Rule 29 ITAT Rules: Kerala High Court

Case Title: Sravan Kumar Neela v. Assistant Commissioner of Income Tax

Citation: 2025 LiveLaw (Ker) 618

The Kerala High Court held that voluntarily filed returns cannot be revised through additional evidence under Rule 29 of the ITAT Rules (Income Tax (Appellate Tribunal) Rules, 1963).

Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 permits the Tribunal to admit additional evidence for any substantial cause.

Justices A. Muhamed Mustaque and Harisankar V. Menon stated that since returns have been presented by the respective appellants, declaring the respective figures as income from other sources, at the belated stage of the second appeal to the Tribunal, if the venture of the appellants is accepted, that would lead to the revision of the returns voluntarily filed, which is not possible under the statute.

Revisional Powers U/S 56 KVAT Act Are Limited, Clarificatory Orders Have Only Prospective Effect: Kerala High Court

Case Title: K.G. Rejimon v. State of Kerala

Citation: 2025 LiveLaw (Ker) 619

The Kerala High Court stated that revisional powers under Section 56 of the KVAT Act (Kerala Value Added Tax Act, 2003) are limited, and clarificatory orders only have a prospective effect.

Justices A. Muhamed Mustaque and Harisankar V. Menon stated that with reference to the power to issue clarification under Section 94 of the Act, the Commissioner has been empowered to hold that clarificatory orders would only have prospective operation. In other words, the exercise of the power by the Commissioner under Section 94(2) of the Act is independent of the power of the authority to issue clarifications.

'Defeats Purpose Of Life Insurance': Kerala High Court Expresses Concern Over LIC's Denial Of Medical Claims On Trivial Grounds

Case Title: Dr. A M Muraleedharan v The Senior Divisional Manager, LIC and Another and connected case

Citation: 2025 LiveLaw (Ker) 620

The Kerala High Court has set aside the Life Insurance Corporation of India's (LIC) decision to repudiate medical insurance, holding that repudiation of medical claims by insurers cannot be sustained when based on unrelated pre-existing conditions or when raised beyond the statutory bar under Section 45 of the Insurance Act, 1938.

Justice P.M. Manoj, delivered the judgment in two connected writ petitions, and quashed LIC's orders that had restricted and later rejected claims for the hospitalization and treatment of the petitioner's wife under LIC's Health Plus Plan (Table 901). The Court directed LIC to honour the claims without further delay, stressing that arbitrary repudiations defeat the very object of insurance.

Kerala High Court Dismisses Plea Against CIAL's Decision To Conduct Online AGM, Says Centre Can Exempt Physical Meeting U/S 96 Companies Act

Case Title: TGN Kumar v. The Secretary, Ministry of Corporate Affairs

Citation: 2025 LiveLaw (Ker) 621

The Kerala High Court recently dismissed a plea challenging the decision of the Cochin International Airport Ltd. (CIAL) to conduct its Annual General Body Meeting (AGM) through online modes.

Rejecting the petitioner's contention that the AGM has to be held either at the registered office of the Company or some other place within the city, town or village, Justice N. Nagaresh dismissed the writ petition.

Other Important Developments This Week

High Court Issues Notice On Plea Alleging Manipulation In CSI South Kerala Diocese Voter List

Case Title: Jovin Jose V J v Church of South India and Others

Case No: OP(C) 2354/ 2025

The Kerala High Court has admitted a petition filed by two parishioners of the Church of South India (CSI) South Kerala Diocese, raising allegations of manipulation in the church's voters' list and seeking to halt the upcoming triennial elections.

Justice Murali Purushothaman admitted the petition and directed notices to be issued to the respondents, including the CSI Synod, the South Kerala Diocese, and the election officials. The Court also ordered the Registry to call for a status report on the interim injunction application pending before the Principal Munsiff Court, Thiruvananthapuram.

Kerala High Court Slams Devaswom Board Over Poor Record-Keeping At Sabarimala, Orders Deeper Probe In Dwarapalaka Idols Case

Case Title: Suo Motu v State of Kerala

Case No: SSCR 23/ 2025

Following "serious discrepancies" in the handling of gold-cladded plates on Dwarapalaka idols at the Sabarimala temple, the Kerala High Court has strongly criticized the Travancore Devaswom Board for failing to maintain proper registers of temple valuables.

The division bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar were hearing suo motu proceedings initiated on the basis of a report submitted by the Special Commissioner as per which the gold-plated copper coverings of the Dwarapalaka idols were removed without intimating him, and then transported to 8th respondent (Smart Creations) in Chennai, for repair works.

Kerala High Court Refers Question On Maintainability Of Intra-Court Appeals Against Interim Orders To Larger Bench

Case Title: M/S Grids Engineers and Contractors and Another v Union Bank of India and Another

Case No: WP(C) 26067/ 2025

The Kerala High Court has referred to a Larger Bench the scope of an intra-court appeal under Section 5 of the Kerala High Court Act, particularly against interim orders of a Single Judge.

Justice Mohammed Nias C.P. passed the reference order while hearing writ petition filed by M/s Grids Engineers and Contractors and its managing partner, challenging an order of the Additional Chief Judicial Magistrate, Ernakulam, under Section 14 of the SARFAESI Act.

Kerala High Court Appoints Retired Justice KT Sankaran For Appraisal Of Valuables In Sabarimala Temple

Case Title: Suo Motu v State of Kerala

Case No: SSCR 23/ 2025

The Kerala High Court on Monday (29 September) appointed Justice K T Sankaran, former Judge of the Kerala High Court, for appraisal of all valuables of the Sabarimala Temple.

The Court has stated that the Judge can engage a jewel appraiser of proven expertise to conduct a thorough appraisal of all items in the strong room as well as those recorded in the Thiruvabharanam Register and the items which have been gold cladded.

The division bench comprising Justice Raja Vijayaraghavan and Justice K V Jayakumar, issued the directions while considering the suo motu proceeding concerning the unauthorised removal of the Gold-cladded copper covering of the Dwarapalaka idols and the Peedam on which the idols were fixed, without prior intimidation to the Special Commissioner.

Kerala High Court Forms High-Level Panel To Address Kochi's Sewer Network And Sewage Treatment Issues

Case Title: Apartment Owners Apex Association (Kerala) v State of Kerala and Others

Case No: WP(PIL) 124/ 2025

The Kerala High Court has constituted a high-level study group to examine and propose long-term solutions to Kochi's chronic sewerage and sewage treatment problems.

The order was passed by a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji while hearing a public interest litigation filed by the Apartment Owners Apex Association, Kerala concerning the sewer network in the city of Kochi and associated issues regarding sewage treatment plants.

Kerala High Court Makes AI-Based Transcription Tool Mandatory For Recording Of Witness Statements From November 01

The Kerala High Court has directed that all trial courts in the state must mandatorily record witness depositions using the Adalat.AI speech-to-text transcription tool from November 1, 2025.

The decision comes after a successful pilot phase that began on February 1, 2025, in select courts in Ernakulam, including the Additional District and Sessions Court (for trials relating to atrocities and sexual violence against women and children), the Additional District and Sessions Judge VII/Addl. MACT, the Principal Munsiff Court, and the Judicial First Class Magistrate IX.

Kerala High Court Orders Bank To Return Loan Defaulter's Pet Cat Stranded Inside Seized House

Case Title: Muhammed Nishad v. State Bank of India and Ors.

Case No: OP (DRT) No. 304 of 2025

The Kerala High Court recently passed an interim order directing the State Bank of India to return to the loan defaulter his pet cat, which was trapped inside his house over which the bank had taken possession.

The petitioner submitted before Justice Mohammed Nias C.P. that his cat was stuck inside the house, the secured asset, over which the bank had taken possession.

In the plea, the petitioner had prayed to stay all loan recovery proceedings against his residence.

'Undermines Democracy': Plea In Kerala High Court Challenges BCI's 2400% Nomination Fee Hike For Contesting Elections To State Bar Councils

Case Title: Adv Rajesh Vijayan v Bar Council of India and Another

Case No: WP(C) 36545/ 2025

A writ petition has been filed before the Kerala High Court challenging the Bar Council of India's (BCI) decision to hike the nomination fee for State Bar Council elections from ₹5,000 to ₹1,25,000— a 2400% increase.

The petition, filed by Advocate Rajesh Vijayan, enrolled in 1996 and a member of the Bar Council of Kerala (BCK) since 2019, argues that the decision is “arbitrary, illegal, unreasonable, and disproportionate,” violating both the Advocates Act, 1961 and the Bar Council of Kerala Election Rules, 1979.

Man Convicted Of Rape & Murder Of Child In Aluva Moves Kerala High Court Challenging Conviction & Death Penalty

Case Title: Asafak Alam v. State of Kerala

Case No: Crl.A. No. 1867/2025

Asafak Alam, who was the sole accused in the Aluva child murder case, has moved the Kerala High Court challenging the conviction for rape and murder as well as death sentence by the trial court.

The death sentence has not yet been confirmed by the High Court and is pending consideration as DSR No. 3/2025.