Kerala High Court Weekly Round-Up : February 09 - February 15, 2026

Update: 2026-02-16 06:45 GMT
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Nominal Index [Citations: 2026 LiveLaw (Ker) 82 - 99]Sanil Narayanan Nampoothiri v. State of Kerala and Ors., 2026 LiveLaw (Ker) 82Havildar B. Manikuttan v. Union of India and Ors., 2026 LiveLaw (Ker) 83Venkatraman Bhat and Ors v Anantha Bhat and Ors. and connected matter, 2026 LiveLaw (Ker) 84Velayudhan v. State of Kerala and Anr., 2026 LiveLaw (Ker) 85State of Kerala and Ors. v...

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Nominal Index [Citations: 2026 LiveLaw (Ker) 82 - 99]

Sanil Narayanan Nampoothiri v. State of Kerala and Ors., 2026 LiveLaw (Ker) 82

Havildar B. Manikuttan v. Union of India and Ors., 2026 LiveLaw (Ker) 83

Venkatraman Bhat and Ors v Anantha Bhat and Ors. and connected matter, 2026 LiveLaw (Ker) 84

Velayudhan v. State of Kerala and Anr., 2026 LiveLaw (Ker) 85

State of Kerala and Ors. v Niradeepam Roller Flour Mill, 2026 LiveLaw (Ker) 86

Sibin S.V. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 87

Ummu Sulaim (Minor) and Ors. v The Union Territory of Lakshadweep and Ors and connected matter, 2026 LiveLaw (Ker) 88

C.J. Mathews v. District Collector and Ors., 2026 LiveLaw (Ker) 89

Karnataka State Association of the Management of Nursing & Allied Health Science Institution v State of Kerala and Ors., 2026 LiveLaw (Ker) 90

XXX v. Union of India and Ors., 2026 LiveLaw (Ker) 91

Dr. Haiderali Kalliyath v. XXX and Ors., 2026 LiveLaw (Ker) 92

Imran @ Hamsath Ikthiyar @ Irshad v State of Kerala and Ors., 2026 LiveLaw (Ker) 93

Rahul B.R. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 94

Menon P.S. v. The Registrar General, High Court of Kerala and Ors., 2026 LiveLaw (Ker) 95

Liji v State of Kerala and connected matter, 2026 LiveLaw (Ker) 96

Pankaj Bhandari v. State of Kerala and Ors., 2026 LiveLaw (Ker) 97

T.O. Abraham v. State of Kerala and connected case, 2026 LiveLaw (Ker) 98

Sivakumar S. v. State of Kerala, 2026 LiveLaw (Ker) 99

Judgments/ Orders This Week

'Rules Can't Be Used To Foment Disharmony': Kerala High Court Dismisses Plea For Action Against Temple Entry By Christian Priests

Case Title: Sanil Narayanan Nampoothiri v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 82

The Kerala High Court recently dismissed a writ petition that sought action against Christian priests, who had entered Adoor Sree Parthasarathy Temple in priestly robes to attend a function to celebrate Sreekrishna Jayanthi.

The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a plea preferred by a devotee of the temple, who prayed for a direction to the Travancore Devaswom Board to take action as per the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act 1965 and the Rules thereunder for permitting entry of non-Hindus inside the temple.

Disability Pension Must Be Granted To Voluntary Dischargee When Chronic Condition Acquired Due To Military Service: Kerala High Court

Case Title: Havildar B. Manikuttan v. Union of India and Ors.

Citation: 2026 LiveLaw (Ker) 83

The Kerala High Court recently ruled that a person would be entitled to disability pension if his chronic disability was acquired due to military service even though he voluntarily discharged himself from service.

The Division Bench of Justice K. Natarajan and Justice Johnson John was considering a plea preferred after the petitioner's application before the Armed Forces Tribunal against non-grant of disability pension was dismissed.

Intentional Judicial Decision Cannot Be Altered As 'Clerical Error' U/S 151 & 152 CPC; Remedy Lies In Appeal Or Review: Kerala High Court

Case Title: Venkatraman Bhat and Ors. v. Anantha Bhat and Ors. and connected matter

Citation: 2026 LiveLaw (Ker) 84

The Kerala High Court has held that an intentional adjudicatory decision cannot be corrected under the guise of “clerical error” or “inherent powers” under Section 151 or 152 of Code of Civil Procedure, 1908 and must be challenged only through appellate or review mechanisms.

The division bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar were delivering a judgment in a civil revision petition arising out of a partition suit.

Filing False Suit With Forged Documents Against SC/ST Person Prima Facie Attracts Offence Under SC/ST Act: Kerala High Court

Case Title: Velayudhan v. State of Kerala and Anr.

Citation: 2026 LiveLaw (Ker) 85

The Kerala High Court recently held that the offence under Section 3(1)(q) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act would be prima facie attracted when it is prima facie established that a false suit using a forged document was filed by a non-member against a member of the community.

Justice A. Badharudeen observed:

when it is prima facie established that the suit filed…is one in the category of false, malicious or vexatious one, particularly using a forged suit document, when the defendants therein are members of the Scheduled Caste and the plaintiffs therein are not members of Scheduled Caste, the offence unader Section 3(1)(q) of the SC & ST (PoA) Act would attract prima facie.”

Acquittal Under Essential Commodities Act Doesn't Automatically Entitle Trader To Interest Or Higher Compensation: Kerala High Court

Case Title: State of Kerala and Ors. v Niradeepam Roller Flour Mill

Citation: 2026 LiveLaw (Ker) 86

The Kerala High Court has recently held that an acquittal in a criminal trial under Section 3(1) of the Essential Commodities Act, 1995 does not by itself entitle a trader to compensation with interest under Section 6C(2), unless the statutory preconditions under that provision are strictly satisfied.

A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan were delivering the judgment in an intra Court appeal against a Single Judge's order that had directed payment of the procurement price of seized wheat along with interest to a roller flour mill following its acquittal in a criminal case.

Using Minimum Corporal Punishment For Discipline Not Offence: Kerala High Court Quashes Criminal Case Against Teacher For Caning Student

Case Title: Sibin S.V. v. State of Kerala and Anr.

Citation: 2026 LiveLaw (Ker) 87

The Kerala High Court has reiterated that using minimum corporal punishment to discipline student in school is not an offence under the Juvenile Justice Act or the Bharatiya Nyaya Sanhita.

Justice C. Pratheep Kumar quashed the criminal case initiated against a teacher for caning a student in the school.

'Neighbourhood School' Under RTE Act Cannot Be Rigidly Distance-Based: Kerala HC Dismisses Challenge To School Shifting In Lakshadweep

Case Title: Ummu Sulaim (Minor) and Ors. v. The Union Territory of Lakshadweep and Ors. and connected matter

Citation: 2026 LiveLaw (Ker) 88

The Kerala High Court has held that the concept of a “neighbourhood school” under Section 6 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) Act cannot be applied through rigid distance-based standards and must be understood in light of local geographical and demographic realities.

Justice N. Nagaresh was delivering the judgment in two writ petitions filed by minor students from Agatti and Andrott Islands in the Union Territory of Lakshadweep, who had challenged administrative orders shifting and merging Junior Basic Schools.

Municipal Secretary Can Cut Down Dangerous Trees Without Notice To Owner: Kerala High Court Grants Relief To 92-Year-Old Man

Case Title: C.J. Mathews v. District Collector and Ors.

Citation: 2026 LiveLaw (Ker) 89

The Kerala High Court recently passed a judgment clarifying that as per Section 412(2) of the Kerala Municipality Act, 1994, the secretary of a municipal corporation can cut down dangerous trees, without notice to their owner.

Justice P.V. Kunhikrishnan granted relief to a 92-year-old man, who had been fighting for the past 9 years to get the trees in his neighbouring property cut down because of the danger they posed.

'Suitability Certificate' From Indian Nursing Council Not Mandatory For Registering Nurses Trained Outside State: Kerala High Court

Case Title: Karnataka State Association of the Management of Nursing & Allied Health Science Institution v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 90

The Kerala High Court has held that the State Nursing Council cannot insist on a Recognition/ Suitability Certificate of the Indian Nursing Council (INC) for granting inter-State registration to nursing students.

Justice N. Nagaresh was delivering the judgment in a writ petition which challenged the insistence of recognition of the Nursing Colleges by Indian Nursing Council for registration as Nurse in the State of Kerala for persons who have obtained their degrees outside Kerala.

Kerala High Court Dismisses Pleas Challenging Upper Age Limit For Availing Assisted Reproductive Technology Services

Case Title: XXX v. Union of India and Ors.

Citation: 2026 LiveLaw (Ker) 91

The Kerala High Court recently dismissed a batch of writ petitions challenging the upper age limit prescribed to avail assisted reproductive technology services.

Justice Sobha Annamma Eapen passed a common judgment in the batch of cases that had challenged the constitutional validity of Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 that prescribed the upper age limits for women as 50 years and men as 55 years for availing ART services.

Kerala High Court Expunges Caution Against Doctor For Being Unaware Of Mental Healthcare Act Mandates, Notes He Acted Professionally

Case Title: Dr. Haiderali Kalliyath v. XXX and Ors.

Citation: 2026 LiveLaw (Ker) 92

The Kerala High Court recently expunged a caution given to a doctor by the Statutory Mental Health Review Board for being unaware of the provisions of the Mental Healthcare Act, 2017.

The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal that challenged the order of the Review Board.

Grounds Of Arrest Need Not Specify Quantity Of Contraband For Accused From Whom No Seizure Is Made: Kerala High Court

Case Title: Imran @ Hamsath Ikthiyar @ Irshad v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 93

The Kerala High Court has held that while communication of the grounds of arrest is a mandatory constitutional and statutory requirement, the specification of the quantity of contraband seized is necessary only in respect of those accused from whose possession the contraband was recovered.

Dr. Justice Kauser Edappagath delivered the judgement in a bail application arising out of crime registered under Sections 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Kerala High Court Grants Anticipatory Bail To MLA Rahul Mamkootathil In Rape & Miscarriage Case, Orders Him To Surrender His Phone

Case Title: Rahul B.R. v. State of Kerala and Anr.

Citation: 2026 LiveLaw (Ker) 94

The Kerala High Court on Thursday (February 12) granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in the first rape and miscarriage case alleged against him.

Dr. Justice Kauser Edappagath pronounced in open court:

"Bail application is allowed on the following conditions:

The applicant shall appear before the investigating officer on 16.2.2026 at 10 am for interrogation. He shall surrender his mobile phone before the investigating officer on that day. The applicant can be interrogated for the next three days from 10 am to 4 pm everyday if required, after giving adequate intervals. The applicant shall be deemed to be under custody during the aforesaid period for facilitating the requirements of investigation, including to undergo medical examination or potency test. If the investigating officer intends to arrest the applicant, then he shall be released on bail on executing a bond Rs. 1 lakh...The applicant shall fully cooperate with the investigation, shall appear before the investigating officer on every second Saturday between 10 and 11 am, shall not commit any offence... He shall not attempt to contact the respondent or any of the prosecution witnesses. The applicant shall not leave the State of Kerala. He shall surrender his passport before the investigating officer..."

Motor Accident | Car Owner Can Lead Independent Evidence On Issue Of Negligence Despite Driver's Plea Of Guilt: Kerala High Court

Case Title: Menon P.S. v. The Registrar General, High Court of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 95

The Kerala High Court recently clarified that the owner of a vehicle involved in a motor accident can adduce independent evidence on the issue of negligence, even if the driver pleaded guilty in the criminal proceedings.

Justice Mohammed Nias C.P. was considering a plea seeking to set aside the Motor Accidents Claims Tribunal's order wherein it dismissed a vehicle owner's interim application to summon a witness to disprove the police version since his driver pleaded guilty in the criminal proceedings.

Cheque Dishonour | Complainant Has Statutory Right To Appeal Against Acquittal, Revision Petition Not Maintainable: Kerala High Court

Case Title: Liji v. State of Kerala and connected matter

Citation: 2026 LiveLaw (Ker) 96

The Kerala High Court has held that a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) has a statutory right to file an appeal against acquittal under the proviso to Section 372 of the Code of Criminal Procedure (CrPC), and therefore cannot invoke the High Court's revisional jurisdiction as an alternative remedy.

Justice K. Babu delivered the judgment while dismissing two criminal revision petitions filed by a complainant challenging the acquittal of the accused by the Sessions Court.

Sabarimala Gold Theft: Kerala High Court Dismisses Smart Creations CEO Pankaj Bhandari's Plea Challenging Arrest As Illegal

Case Title: Pankaj Bhandari v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 97

The Kerala High Court on Friday (February 13) dismissed the plea preferred by Pankaj Bhandari, CEO of Smart Creations, Chennai, alleging that his arrest as part of the Sabarimala gold theft case was illegal.

Justice A. Badharudeen pronounced the order rejecting the plea.

The prosecution allegation is that Bhandari along with the other accused in the case, including prime accused Unnikrishnan Potty, conspired together to misappropriate gold from the Dwarapalaka idols and the doorframes of the Sreekovil of Sabarimala temple and in furtherance of this, Potty took the gold-cladded items to Smart Creations, which stripped the gold knowing it to belong to the Travancore Devaswom Board.

Kerala High Court Upholds Conviction Of Deceased Public Servant For Corruption, Orders Recovery Of Fine From His Legal Heirs

Case Title: T.O. Abraham v. State of Kerala and connected case

Citation: 2026 LiveLaw (Ker) 98

The Kerala High Court, in a recent ruling, upheld the conviction of two for their involvement in a corruption case relating to the Kulasekharapuram Irrigation Project.

Justice A. Badharudeen dismissed the appeal filed by one of the accused whereas modified the sentence passed against the other accused since he was no more.

“Transfer Order In Contemplation Of Disciplinary Proceedings Cannot Be Disguised As Punishment”: Kerala High Court

Case Title: Sivakumar S. v. State of Kerala

Citation: 2026 LiveLaw (Ker) 99

The Kerala High Court has held that a transfer order in contemplation of a disciplinary proceedings must be justified and cannot be operated as a disguised punishment.

Justice N. Nagaresh, was delivering a judgment which set aside the transfer of a Kerala State Road Transport Corporation (KSRTC) employee to Kasaragod over an article in a union house journal discussing the Corporation's financial condition and potential policy changes under a different political dispensation.

High Courts Work Even On Holidays, Denial Of Compensatory Leave To Its Officers Illegal, Violates Article 229: Kerala High Court

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Other Important Developments This Week

Universities Must Regulate Student Political Activities To Prevent Campus Violence: Kerala High Court

Case Title: Ajoy L.S. v. The State of Kerala and Ors. and Connected matter

Case No: WP(C) 22905/ 2018 and connected matter

The Kerala High Court has recently (February 04) directed all universities in the State to formulate a comprehensive regulatory mechanism to control and regulate political activities of students on campus.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the direction while hearing a batch of writ petitions, including a public interest litigation filed in the aftermath of an incident at Maharaja's College, Ernakulam which resulted in the death of a student.

Kerala High Court Directs Executive Committee Of Sree Padmanabhaswamy Temple To Submit Timeline For Renovation Of Principal Idol

Case Title: R Rajasekharan Pillai v State of Kerala and Anr and connected matter

Case No: WP(C) 7039/ 2025 and connected matter

The Kerala High Court on Monday (09 February) directed the Executive Committee of Sree Padamanbhaswamy Temple to submit a timeline for completion of the work of the Moolavigraha (Principal Idol) of the temple.

The division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha were considering a petition which alleged defects in the temple's Moolavigraha.

Kerala High Court Orders Vigilance Enquiry Into Alleged Gold Misappropriation During 2017 Flag Mast Installation At Sabarimala

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

Case No: WP(C) No. 40608 of 2025

The Kerala High Court on Monday (February 9) directed the Director, Vigilance and Anti-Corruption Bureau to constitute a team of competent officers to conduct an enquiry into the alleged misappropriation of gold and cash in connection with the installation of a new Temple Flag Mast in 2017.

The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering the suo motu petition initiated for court-monitored investigation into the high-profile case relating to misappropriation of gold from the Sabarimala temple.

'Will Not Affect Fair Trial': CBFC Opposes In Kerala High Court Plea To Stall Movie Allegedly Inspired By Venjaramoodu Murder Case

Case Title: Abdal Rahim H. v. Union of India and Ors.

Case No: WP(C) No. 3872/2026

The Central Board of Film Certification on Tuesday (February 10) submitted before the Kerala High Court that though the movie 'Kaalam Paranja Kadha' may have been inspired by the Venjaramoodu Mass Murder case, the same will not affect the trial of the accused.

Justice Bechu Kurian was considering a plea preferred by the father of the accused who stated that the movie may prejudice the trial in the case, which is still pending before the Sessions Court, Thiruvananthapuram.

Kerala High Court Asks Travancore Devaswom Board To Explain Irregularities Found In Audited Accounts Of Global Ayyappa Sangamam

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

Case No: SSCR No. 6 of 2025

The Kerala High Court on Wednesday (February 11) flagged the irregularities noted by the independent team that audited the accounts of the Global Ayyappa Sangamam, which was held on September 20, 2025 at Sabarimala with the approval of the Court.

The Division Bench of Justice Raja Vijaraghavan V. and Justice K.V. Jayakumar observed that it is for the Devaswom Board to explain the irregularities and sought inputs from the Board and the Kerala State Audit department.

Kerala High Court Refuses To Close Suraj Lama Case Despite Identification Of Body, Orders SIT To Probe Sequence Of Events

Case Title: Santon Lama v. State of Kerala

Case No: WP(Crl.) 1421/ 2025

The Kerala High Court on Wednesday (11 February) declined to close the habeas corpus petition filed to trace Suraj Lama, an Indian citizen who was deported from Kuwait but went missing after arriving at Kochi, even after identification of his dead body recovered from Kochi's Kalamassery area.

The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha has directed the Special Investigation Team (SIT) to continue its investigation, to document the sequence of events from the time of Lama's arrival to India until he was found dead.

Kerala High Court Expresses Satisfaction With KITFRA's Proposal To Digitise Temple Accounts, Seeks State & Devaswom Board's Response

Case Title: Joint Director v. The Secretary and Ors.

Case No: DBAR No. 2 of 2025

The Kerala High Court on Wednesday (February 11) expressed prima facie satisfaction on the proposal put forth by the Kerala State Information Technology Infrastructure Ltd. (KITFRA) to facilitate digitisation of temple accounts.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar directed the State Government and the Travancore Devaswom Board to respond to the documentation.

Kerala High Court Directs Vigilance Probe Into Suspicious Fund Transfers By Sabarimala Staff During Mandala Season

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

Case No: SSCR No. 7 of 2026

The Kerala High Court on Wednesday (February 11) directed the Chief Vigilance and Security Officer (Superintendent of Police) of the Travancore Devaswom Board to conduct a detailed probe into suspicious fund transfers by the staff employed at Sabarimala during the 2025-26 Mandala-Makaravilakku season.

The Division Bench consisting of Justices Raja Vijayaraghavan V. and K.V. Jayakumar passed the direction while considering a suo motu petition based on a report filed by the Sabarimala Special Commissioner pertaining to alleged financial malpractices by casual labourers and permanent duty staff.

'Very Serious Matter': Kerala High Court Seeks State's Stand On Paid Menstrual Leave For KSRTC Conductors

Case Title: Asha S.S. and Ors. v. State of Kerala and Ors.

Case No: WP(C) 44089/2025

The Kerala High Court on Thursday (February 12) asked whether the State can consider having a paid menstrual leave policy for the women conductors of the KSRTC (Kerala State Road Transport Corporation).

When the matter came up for consideration before Justice N. Nagaresh, the counsel for the petitioners submitted that the KSRTC is following double duty system and the conductors have to work around 14 to 16 hours per day. He sought a direction for considering the petitioners' representation seeking two days' paid menstrual leave for women conductors.

AKG Centre Row: Kerala High Court Grants More Time To Trace Out Govt Order Assigning Kerala University's Land

Case Title: R.S. Sasikumar v. State of Kerala and Ors.

Case No: WP(PIL) 12/ 2026

The Kerala High Court on Thursday (February 12) granted two more weeks' time to the State government to file counter affidavit in the public interest litigation preferred by Kerala University ex-Joint Registrar, challenging the assignment of the varsity's land to AKG Centre for Research and Studies in the year 1977.

When the matter came up for consideration before the Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M., the special government pleader sought time to trace out the government order that transferred the property to the AKG Centre.

Kerala High Court Stays BEVCO's Liquor Naming Contest, Flags Concern Over Use Of Public Exchequer

Case Title: M.M. Sanjeev Kumar v. State of Kerala and Ors. and connected case

Case No: WP(PIL) 2/ 2026 and WP(PIL) 7/ 2026

The Kerala High Court on Thursday (February 12) ordered an interim stay on the contest announced by BEVCO [Kerala State Beverages (Manufacturing and Marketing) Corporation] and Malabar Distilleries Ltd. inviting suggestions from the public to give a name and logo for a proposed premium brandy product.

Division bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering two public interest litigations challenging the conduct of the contest.

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