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Kerala High Court Weekly Round-Up: September 8 - September 14, 2025
K. Salma Jennath
15 Sept 2025 10:30 AM IST
Nominal Index [Citations: 2025 LiveLaw (Ker) 544 - 564]Karuvangadan Mukthar @ Muthu v. The Superintendent and Ors., 2025 LiveLaw (Ker) 544Harrisons Malayalam Limited v State of Kerala and Ors., 2025 LiveLaw (Ker) 545Askaf v. Sub Inspector of Police, Sulthan Bathery and Anr., 2025 LiveLaw (Ker) 546XX v State of Kerala, 2025 LiveLaw (Ker) 547M.C. Kamarudheen v. State of Kerala and connected...
Nominal Index [Citations: 2025 LiveLaw (Ker) 544 - 564]
Karuvangadan Mukthar @ Muthu v. The Superintendent and Ors., 2025 LiveLaw (Ker) 544
Harrisons Malayalam Limited v State of Kerala and Ors., 2025 LiveLaw (Ker) 545
Askaf v. Sub Inspector of Police, Sulthan Bathery and Anr., 2025 LiveLaw (Ker) 546
XX v State of Kerala, 2025 LiveLaw (Ker) 547
M.C. Kamarudheen v. State of Kerala and connected case, 2025 LiveLaw (Ker) 548
Union of India and Ors. v. Fareeda Sukha Rafiq and Ors., 2025 LiveLaw (Ker) 549
P.S. Vijayakumaran v. Union of India and Ors., 2025 LiveLaw (Ker) 550
XXX v. State of Kerala and Anr., 2025 LiveLaw (Ker) 551
Pamba Boat Race Club Reg No. 98/90 and Anr. v. Pamba Boat Race Club and Ors., 2025 LiveLaw (Ker) 552
M/s Classic Agencies and Ors. v. The Regional Office, India Overseas Bank and Ors., 2025 LiveLaw (Ker) 553
Anto Paul Prakash v. Directorate of Enforcement, 2025 LiveLaw (Ker) 554
Prof. Dr. K S Anilkumar v The University of Kerala and Ors., 2025 LiveLaw (Ker) 555
The Regional Director, ESI Corporation and Anr v M/S L & T Tech Park Ltd and Anr, 2025 LiveLaw (Ker) 556
Forum of Akshaya Centre Entrepreneurs and Anr. v. State of Kerala and Ors. and connected case, 2025 LiveLaw (Ker) 557
Prasanth Andrews v. Ayyappan Pillai, 2025 LiveLaw (Ker) 558
Venu Gopalakrishnan and Ors. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 559
Shawn Anthony and Anr v State of Kerala, 2025 LiveLaw (Ker) 560
Suo Motu v. State of Kerala and Ors., 2025 LiveLaw (Ker) 561
Santosh Karwade v. Union of India and Ors., 2025 LiveLaw (Ker) 562
Meghna Devi and Anr. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 563
Suo Motu v. P.C. Jose and Ors., 2025 LiveLaw (Ker) 564
Judgments/ Orders This Week
Kerala High Court Grants 10-Day Leave To Life Convict Pursuing LLB Course To Attend Internship
Case Title: Karuvangadan Mukthar @ Muthu v. The Superintendent and Ors.
Citation: 2025 LiveLaw (Ker) 544
The Kerala High Court on Monday (September 8) granted 10-day leave to a man, convicted and sentenced to life for murder and presently pursuing 3-year LL.B. course, to attend internship scheduled from September 10-16.
Justice P.V. Kunhikrishnan relied on the judgment in Pattakka Suresh Babu v. State of Kerala and observed:
"The Division Bench of this Court in Pattakka Suresh Babu's case (supra) observed that, a prisoner who intends to pursue his studies should be allowed to pursue his studies through online, and for other internal examinations, the prisoner should be granted leave. I am of the considered opinion that the petitioner should be given leave in the light of the observation of the Division Bench in Pattakka Suresh Babu's case (supra)."
Case Title: Harrisons Malayalam Limited v State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 545
Kerala High Court has recently closed a writ appeal filed single judge's order allowing the State government to acquire Nedumbala estate owned by Harrisons Malayalam Limited for rehabilitation of 2024 Wayanad Landslide victims under Disaster Management Act.
The division bench comprising Justice A Muhammed Mustaque and Justice Harisankar V Menon was informed that the state government, by an order dated 28.02.2025, had excluded Nedumbala Estate from being acquired for the time being. The government submitted that it will come up with a fresh notice to take over the estate in future, if required.
Case Title: Askaf v. Sub Inspector of Police, Sulthan Bathery and Anr.
Citation: 2025 LiveLaw (Ker) 546
The Kerala High Court recently acquitted a person after finding that the trial court accepted chief affidavits of witnesses as evidence against him in violation of Section 276 Cr.P.C.
Justice Johnson John observed:
"Therefore, if the trial court permits the prosecution to file chief affidavit of a material witness as evidence in a criminal case against the accused, the same will cause serious prejudice to the accused, in as much as the entire contents of the chief affidavit can only be treated as an outcome of the leading questions put to the witness."
Case Title: XX v State of Kerala
Citation: 2025 LiveLaw (Ker) 547
The Kerala High Court has held that a person availing the services of a sex worker in a brothel cannot be termed a “customer,” stressing that sex workers are not commodities and should not be reduced to the status of products in commercial transactions.
Justice V.G. Arun, in his order, clarified that the very concept of “customer” involves the purchase of goods or services. In contrast, sex workers — many of whom are victims of trafficking or coercion — cannot be equated with products or ordinary service providers, adding that a person availing a sex workers' services in a brothel is actually inducing that sex worker to carry on prostitution by paying money.
Case Title: M.C. Kamarudheen v. State of Kerala and connected case
Citation: 2025 LiveLaw (Ker) 548
The Kerala High Court on Tuesday (September 9) granted regular bail to former MLA M.C. Kamarudheen and his business associate T.K. Pookoya Thangal in a PMLA case where they are accused of siphoning over Rs. 20 Crores of investor's money allegedly siphoned to four companies.
Justice Bechu Kurian Thomas noted that there are no reasons to assume that the petitioners are guilty of the offence under Section 420 IPC and consequently, for the offence under the PMLA Act. It also reiterated that unless there was fraudulent intention from the very beginning, mere breach of the contractual term would amount to cheating.
Case Title: Union of India and Ors. v. Fareeda Sukha Rafiq and Ors.
Citation: 2025 Livelaw (Ker) 549
The Kerala High Court has recently held that the post office can forfeit the interest that has accrued on the public provident fund (PPF) contribution made by a guardian in their minor's account in excess of the limits permissible under the Public Provident Fund Scheme, 1968.
The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. looked into Rule 3 of Scheme 1968 and Sections 3 and 4 of the PPF Act as well as the tabulation of the interest accrued and excess deposits made in the accounts. It noted that the total interest accrued in the minors' accounts till their respective dates of attainment of majority is the only amount that was forfeited.
Case Title: P.S. Vijayakumaran v. Union of India and Ors.
Citation: 2025 LiveLaw (Ker) 550
The Kerala High Court has permitted the enrollment of a retired government employee, who completed LLB degree by attending evening classes.
Justice N. Nagaresh disposed of the writ petition which was filed challenging the denial of enrollment to a retired employee who has completed his LL.B in 1994 by attending evening classes.
Case Title: XXX v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 551
The Kerala High Court recently quashed criminal proceedings against an 18-year-old man in an alleged case of sexual assault under the POCSO Act, after recording that neither the victim nor her parents had any complaints against him.
Justice G. Girish recorded that in the affidavit filed before the Court, the victim, who is now 18 years old, even expressed her intention to continue her romantic relationship with the petitioner.
Case Title: Pamba Boat Race Club Reg No. 98/90 and Anr. v. Pamba Boat Race Club and Ors.
Citation: 2025 LiveLaw (Ker) 552
The Kerala High Court on Tuesday (September 9) observed that there is no constitutional or statutory right available to any club to conduct boat race in Pamba river. It also said that the schedule for conducting boat race is to be decided by the competent authorities, including the District Collector.
The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal challenging the interim order passed by a Single Judge modifying the schedule set by the District Collector.
Case Title: M/s Classic Agencies and Ors. v. The Regional Office, India Overseas Bank and Ors.
Citation: 2025 LiveLaw (Ker) 553
The Kerala High Court has held that a party cannot invoke the writ jurisdiction under Article 226 of the Constitution to seek a direction to a bank not to cancel the OTS (One Time Settlement) facility granted to it.
The Division Bench of Justices Anil K. Narendran and Muralee Krishna S. relied on the settled positions of law laid down by the Supreme Court in South Indian Bank Ltd. v. Naveen Mathew, Phoenix ARC (P) Ltd. v. Vishwa Bharati Vidya Mandir, Varimadugu Obi Reddy v. B. Sreenivasulu, State Bank of India v. Arvindra Electronics Pvt. Ltd., Bijnor Urban Cooperative Bank Limited v. Meenal Agarwal.
Case Title: Anto Paul Prakash v. Directorate of Enforcement
Citation: 2025 LiveLaw (Ker) 554
The Kerala High Court on Tuesday (September 9) granted regular bail to Anto Paul Prakash, the third accused in the alleged Chinese Loan App scam booked for offences under Prevention of Money Laundering Act.
Justice Bechu Kurian Thomas observed that the grounds of arrest were not communicated to the near relative of the arrestee and therefore, he is entitled to be released on bail.
Case Title: Prof. Dr. K S Anilkumar v The University of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 555
The Kerala High Court today refused to interfere with the suspension of Kerala University Registrar Prof. Dr. K S Anilkumar, in connection with the Bharat Mata portrait row.
Justice T.R. Ravi instead directed the Vice Chancellor to convene a meeting of the varsity Syndicate, which will decide the issue.
Case Title: Prof. Dr. K S Anilkumar v The University of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 555
The Kerala High Court has observed that Universities are meant to safeguard the higher education system and thus, they should be guided only by academic considerations and should not allow their functioning to be disrupted by political or other extraneous considerations.
Justice T.R. Ravi, while dismissing a writ petition filed by Kerala University Registrar Prof. Dr. K.S. Anilkumar against his suspension, observed that the ongoing tussle between the Vice Chancellor and the Registrar reflect an “unsavoury” state of affairs in the University's administration..
Case Title: The Regional Director, ESI Corporation and Anr v. M/S L & T Tech Park Ltd and Anr
Citation: 2025 LiveLaw (Ker) 556
The Kerala High Court held that workers engaged in pre-operative/preliminary interior fit-out works are not covered under the definition of employee under Section 2(9)(ii) of the Employees' State Insurance Act and hence no benefits can be extended to them under the Act.
Justice M.A. Abdul Hakhim delivered the judgment while dismissing an appeal by the ESI Corporation and upheld the order of the Employees' Insurance Court directing refund of contributions exceeding ₹26 lakh to L&T Tech Park Ltd.
Case Title: Forum of Akshaya Centre Entrepreneurs and Anr. v. State of Kerala and Ors. and connected case
Citation: 2025 LiveLaw (Ker) 557
The Kerala High Court recently held that Akshaya Centres are intended for connecting the general public with government services and cannot be considered to be business centres with profit motive.
Justice N. Nagaresh was considering petitions filed by the Forum of Akshaya Centre Entrepreneurs and the All Kerala Akshaya Entrepreneurs Confederation challenging the government order that fixed the fees that can be levied by Akshaya Centres for K-smart services.
Case Title: Prasanth Andrews v. Ayyappan Pillai
Citation: 2025 LiveLaw (Ker) 558
The Kerala High Court recently directed a Magistrate Court to defer the pronouncement of judgment in a case since it was posted for judgment the very next day after dismissing the accused's plea for re-opening evidence but without issuing him a copy of the dismissal order.
Justice P.V. Kunhikrishnan passed the judgment directing the Magistrate to defer its judgment by 2 weeks and to issue a certified copy of the dismissal order within 3 days, if applied for.
Case Title: Venu Gopalakrishnan and Ors. v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 559
The Kerala High Court on Thursday (September 11) denied anticipatory bail to Venu Gopalakrishnan, owner of an IT firm in Info Park (Kakkanad) in an alleged case of sexual assault and harassment against his female employee.
Justice Bechu Kurian Thomas observed that there were serious allegations made out in the complaint preferred by the de facto complainant and also noted some anomalies in the manner in which the investigation is being carried out. The Court also expressed that it is not convinced that the allegations raised against Venu are wholly false.
Case Title: Venu Gopalakrishnan and Ors. v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 559
The Kerala High Court has recently clarified that anticipatory bail applications can be entertained by the High Courts and there is no need for parties to first approach the Sessions Court in light of the precedents in the case.
Justice Bechu Kurian Thomas made the observation while considering an anticipatory bail plea preferred by an IT-firm owner in an alleged case of rape and sexual harassment of his female employee.
Case Title: Shawn Anthony and Anr v State of Kerala
Citation: 2025 LiveLaw (Ker) 560
The Kerala High Court has dismissed a petition filed by Shawn Antony and Soubin Shahir, the producers of “Manjummel Boys” film, seeking relaxation of anticipatory bail conditions which prevent them from leaving India without permission of the Court.
The producers, accused in a cheating case, sought to attend an award show in Dubai. Justice V.G. Arun however dismissed their plea.
Case Title: Suo Motu v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 561
The Kerala High Court on Friday (September 12) issued a set of directions to the four Devaswom Boards in the State, namely, Travancore, Cochin, Guruvayoor and Malabar Devaswom Boards, in order to facilitate temple darshan for persons with disabilities (PWDs).
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition, which was registered on the basis of a complaint preferred by T. Suganthi. In the complaint, she had outlined the difficulties faced by her during her visit to Sree Vadakkumnathan Temple at Thrissur last year as she was not permitted to carry her wheelchair inside.
Case Title: Santosh Karwade v. Union of India and Ors.
Citation: 2025 LiveLaw (Ker) 562
The Kerala High Court recently held that an investigating officer is not a 'suitable person' as per Regulation 163 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965, to prosecute a trial before the Court-Martial.
Dr. Justice Kauser Edappagath considered the constitutional validity of Regulation 178(3) of the Navy Regulations, which permits the prosecutor to be a competent witness. He also interpreted whether the term 'suitable person' in Regulation 163(1) to conduct a trial includes the investigating officer.
Income Of Parent Who Abandoned Family Need Not Be Considered For EWS Reservation: Kerala High Court
Case Title: Meghna Devi and Anr. v. State of Kerala and Ors.
Citation: 2025 LiveLaw (Ker) 563
The Kerala High Court has recently passed a judgment holding that if any of the parents abandons the family, the income of such parent need not be taken into account for granting EWS (Economically Weaker Section) certificate to the child.
Justice N. Nagaresh was considering a plea preferred by a NIFT - National Institute of Fashion Technology aspirant (1st petitioner), who approached the High Court after being aggrieved by an order rejecting EWS certificate to her.
Case Title: Suo Motu v. P.C. Jose and Ors.
Citation: 2025 LiveLaw (Ker) 564
The Kerala High Court recently closed the suo-motu criminal contempt proceedings against Managing Director and Director of Malayalam web-news channel Karma News for publishing scandalous remarks against judges, after the duo tendered an unconditional apology.
Accepting the unconditional apology made by the directors, the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar observed:
“Under Rule 14(a) of the Contempt of Courts (High Court of Kerala) Rules, 1988, if the respondents tender an unconditional apology after admitting that they have committed the contempt, the Court may proceed to pass such orders as it deems fit… After hearing the respondents as well as the learned counsel, we are satisfied that the apology tendered by respondent Nos. 3 and 4 is bona fide and in consonance with the requirements of Rule 14(a)…”
Other Important Developments This Week
Case Title: Twenty 20 Party and Anr. v. State Election Commission, Kerala and Ors.
Case No: WP(C) 32324/2025
Political party Twenty 20 along with a Ward member have moved the Kerala High Court challenging Kizhakkambalam Panchayat body's proposal to fix the polling booth (in Kummanodu Ward) for the upcoming local body elections at a Mosque (Madrasathul Islamiya).
When the matter came up for consideration on Monday (September 8), Justice C.S. Dias gave time to the State Election Commission to file its statement in the case.
NH 544: Kerala High Court Further Extends Suspension Of Toll Collection At Paliyekkara
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 further extended suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH 544, amid ongoing repair works and consequent traffic congestion.
Today, a division bench comprising Justice A. Muhammed Mustaque and Justice Harisankar V. Menon directed the National Highways Authority of India to file a compliance report with respect to the issues pointed out by the Interim Traffic Management Committee, constituted pursuant to the Court's directions.
Case Title: Suo Motu v. State of Kerala and Ors.
Case No: SSCR No. 23 of 2025
The Kerala High Court on Wednesday (September 10) directed the Travancore Devaswom Board and others to bring back from Chennai the gold-plated copper coverings over the "Dwarapalaka Idols", which are located on the sides of the Sreekovil in Sabarimala.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the direction while considering a suo motu proceedings initiated on the basis of a report submitted by the Special Commissioner.
Case Title: Adv. Ajeesh Kalathil Gopi v. State of Kerala and Ors.
Case No: WP(PIL) 109 of 2025 and connected cases
The Kerala High Court put in various queries to the State government and the Travancore Devaswom Board to clarify the nature of the event that is proposed to be conducted as 'Global Ayyappa Sangamam', which is scheduled to be held on September 20.
The Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar was considering petitions that claimed that the event was a political and commercial one, veiled as one related to devotion, tourism and secular promotion.
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala v. State Of Kerala
Case No.: WP(C) 28509/ 2024 & Connected Cases
Complying with a June 2025 order of the Kerala High Court, the Central Government on Wednesday (September 10) submitted the final version of Disaster Management Plan comprising of two volumes–the first is 'Overview and Disaster Management Sub-Plan for Highways' and second pertains to 'Disaster Management Sub-Plan for Road Accidents'.
The plan was submitted before a division bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian which was considering the suo-motu case initiated in the aftermath of large-scale landslides that hit Wayanad on July 30, 2024.
Case Title: Ranjith Balakrishnan v State of Kerala
Case No: Crl MC 250/2025
The Kerala High Court on Monday directed the Registry to seek a report from the trial court on whether any order was passed under Section 473 CrPC condoning the delay in taking cognizance of an offences alleged by a Bengali actress against Malayalam film director Ranjith under Sections 354 and 509 of the IPC.
A bench of Justice G. Girish, while considering Ranjith's plea for quashing of proceedings, passed the following order today:
"Having regard to the nature of contentions raised in this petition, it is necessary to get a report from the trial court as to whether there was any order under section 473 CrPC condoning the delay which occasioned in preferring a complaint against the crime involved in the case. Registry to call for a report from the Additional Chief Judicial Magistrate Court, Ernakulam as to whether there is any specific order passed by the said court under section 473 CrPC condoning the delay before taking cognizance of the offence. Post it after 1 month. Interim order to continue."
Case Title: Keerthana Sarin v State of Kerala and Connected Cases
Case No: WP(C) 21206/ 2025 and connected cases
The Kerala High Court on Thursday (September 11) directed its Registrar General to transmit records of pleas relating to stray dog menace in the State to the Supreme Court, following the Top Court's recent decision to formulate a national policy on the issue.
While staying a division bench direction to not release stray dogs picked up from Delhi National Capital region for vaccination, a 3-judge bench of the Supreme Court had expanded the scope of the matter pan-India and had decided to transfer to itself similar petitions pending in High Courts.
It is following this direction that Justice C S Dias forwarded the batch of writ petitions. However, the judge has retained cases pertaining to compensation payable to victims of stray dog attack.
Case Title: Kulathoor Jaisingh v State of Kerala and Ors
Case No: WP(C) 32493/2019
The Kerala High Court has taken note of the draft circular prepared by the State Government for formulating comprehensive guidelines on prevention and management of snakebites.
The division bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen, were hearing a petition on the issue of basic health care in relation to snake bites, which arose after an incident involving snake bite to a student in 2019.
Case Title: Ajeesh Kalathil Gopi v. State of Kerala and Ors. and connected cases
Case No: WP(PIL) No. 109 of 2025 and connected cases
The Kerala High Court on Thursday (September 11) laid down detailed directives for the conduct of the 'Global Ayyappa Sangamam', which is scheduled to be held on September 20 in the premises of Sabarimala Shrine and at the banks of the River Pamba.
After a detailed hearing on Wednesday, the Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar opined that it finds no reason to interdict the conduct of the event.
Case Title: Periyar Malineekarana Virudha Samithi v State of Kerala and connected cases and connected Matters
Case No: WP(C) 996/ 2012 and Connected Matters
The Kerala High Court has expressed dissatisfaction over the continued delay in ameliorating the contamination of Periyar River, particularly at the Kuzhikandam Thodu stretch.
A Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was hearing a batch of petitions concerning pollution in the river, particularly Kuzhikandam thodu- its tributary.
Case Title: Suo Motu v. State of Kerala and Ors.
Case No: SSCR No. 23 of 2025
The Kerala High Court on Friday took strong exception to the removal of gold-plated copper coverings from the “Dwarapalaka” idols at Sabarimala without prior intimation to the Special Commissioner.
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, while hearing Sabarimala Special Commissioner Report, expressed concern over the manner in which the Travancore Devaswom Board (TDB) proceeded with repair works in Chennai, bypassing established procedures and court oversight.