Nominal Index [Citations: 2026 LiveLaw (Ker) 22 - 31]V.K. Thajudheen and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 22Tenny Jose v. Managing Partner, New Metalised Agency and Anr., 2026 LiveLaw (Ker) 23Choorapilan Jameela and Anr. v. Padavanna Shamseer and Ors. , 2026 LiveLaw (Ker) 24Manden Babinesh and Ors. v. State of Kerala, 2026 LiveLaw (Ker) 25Sayed Hussain Hydrose Thangal v. K...
Nominal Index [Citations: 2026 LiveLaw (Ker) 22 - 31]
V.K. Thajudheen and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 22
Tenny Jose v. Managing Partner, New Metalised Agency and Anr., 2026 LiveLaw (Ker) 23
Choorapilan Jameela and Anr. v. Padavanna Shamseer and Ors. , 2026 LiveLaw (Ker) 24
Manden Babinesh and Ors. v. State of Kerala, 2026 LiveLaw (Ker) 25
Sayed Hussain Hydrose Thangal v. K J Paul and Ors. , 2026 LiveLaw (Ker) 26
Babu C.G. v. State of Kerala, 2026 LiveLaw (Ker) 27
Anaz M.A. v. State of Kerala and Ors. , 2026 LiveLaw (Ker) 28
Sulochana v. Anitha and Ors. , 2026 LiveLaw (Ker) 29
Chinchu Lizen Babu v. State of Kerala, 2026 LiveLaw (Ker) 30
Vadavathi Rajeevan and Anr. v. K Vanaja and Anr. , 2026 LiveLaw (Ker) 31
Judgments/ Orders This Week
Kerala High Court Directs State To Pay ₹14 Lakh Compensation To NRI Man & Kin For Wrongful Detention
Case Title: V.K. Thajudheen and Ors. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 22
The Kerala High Court recently directed the State government to pay Rs. 14 Lakhs compensation to a NRI man and family after he was imprisoned for a period of 54 days in judicial custody based on false charges.
Justice P.M. Manoj awarded Rs. 10 lakhs to the man and Rs. 1 lakh each to four of his family members as a compensation for the mental agony, trauma, defamation and harassment faced by them at the hands of the police officers.
Case Title: Tenny Jose v. Managing Partner, New Metalised Agency and Anr.
Citation: , 2026 LiveLaw (Ker) 23
The Kerala High Court recently held that the names of the complainant and the accused cannot be substituted at the appellate stage by an amendment application as there is no enabling provision in the CrPC, specially when the amendment plea was moved 27 years after filing of the complaint.
Justice Johnson John was considering an appeal filed by the complainant in a cheque dishonour case challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881.
Case Title: Choorapilan Jameela and Anr. v. Padavanna Shamseer and Ors.
Citation: 2026 LiveLaw (Ker) 24
The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.
Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity of hearing to the licensee.
Case Title: Manden Babinesh and Ors. v. State of Kerala
Citation: 2026 LiveLaw (Ker) 25
The Kerala High Court recently passed a judgment holding that non-conduct of test identification parade taken along with other vitiating factors would render as suspect the testimony of eyewitnesses.
The Division Bench consisting of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:
“Although it is trite that an identification in a TI parade is not substantive evidence and that the non-holding of a TI parade will not vitiate a dock identification [Vinod alias Nasmulla v. State of Chattisgarh – [(2025) 4 SCC 312], considering the fact that the dock identification of the accused by the witnesses above was not free from doubt, a TI Parade would have proved useful to corroborate the dock identification done by PW1 and PW5 in the instant case. For our part, we are of the view that the non-conduct of a TI Parade, taken together with the other vitiating factors discussed above with regard to the conduct of the aforementioned witnesses, rendered their testimony as eye-witnesses to the incident suspect and unworthy of acceptance vis-a-vis the identification of the accused.”
Case Title: Sayed Hussain Hydrose Thangal v. K J Paul and Ors.
Citation: 2026 LiveLaw (Ker) 26
The Kerala High Court has reaffirmed the limits of amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure, holding that a plaint cannot be amended after completion of evidence to introduce a claim that has already been decided on merits in an earlier suit between the same parties.
The division bench comprising Justice Anil K. Narendran and Justice G. Girish, delivered the judgment in a miscellaneous first appeal.
Case Title: Babu C.G. v. State of Kerala
Citation: 2026 LiveLaw (Ker) 27
The Kerala High Court has recently (12 January) observed that a judge cannot assume the role of a Public Prosecutor by usurping into the counsel's powers.
The observation was made by a division bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar while setting aside the life sentence imposed on an accused convicted of murder, holding that the entire trial stood vitiated due to gross denial of the constitutional right to a fair trial.
Case Title: Anaz M.A. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 28
The Kerala High Court in a recent decision quashed an order made by the Special Judge (Vigilance) directing investigation into a complaint and the FIR registered against a public servant after noting that prior sanction as per Section 19 of the Prevention of Corruption Act was not received.
Justice A. Badharudeen relegated the case back to the pre-cognizance stage and directed the Special Judge to insist of the production of sanction under the PC Act in order to proceed further with the complaint.
Case Title: Sulochana v. Anitha and Ors.
Citation: 2026 LiveLaw (Ker) 29
The Full Bench of the Kerala High Court recently held that a Hindu wife is entitled to receive maintenance from the profits of the property of her husband even after its transfer, if the transfer was effected subsequent to initiation of legal proceedings for maintenance or if there is evidence showing that the transferee was aware of her claim at the time of sale.
The Bench of Justices Sushrut Arvind Dharmadhikari, P.V. Kunhikrishnan and G. Girish clarified that in such cases, the wife's right for maintenance will get the protection and privilege of Section 39 of the Transfer of Property Act/Section 28 of Hindu Maintenance and Adoption Act, which deals with the protection of a third person's right to maintenance from the profits of an immovable property irrespective of the transfer of that property.
Case Title: Chinchu Lizen Babu v. State of Kerala
Citation: 2026 LiveLaw (Ker) 30
The Kerala High Court quashed a Government order rejecting by-transfer appointments to Higher Secondary School Teacher (Junior) posts, observing that 25% by-transfer quota under Kerala Education Rules must be calculated on the sanctioned strength of posts and not on the vacancies arising in an academic year.
Justice N. Nagaresh in his order said that any administrative interpretation applying the quota to yearly vacancies instead of the total sanctioned posts would be contrary to Rule 4(3) of Chapter XXXII of the Rules and therefore legally unsustainable. Rule 4(3) prescribes method of appointment of Higher Secondary School Teacher (Junior).
Case Title: Vadavathi Rajeevan and Anr. v. K Vanaja and Anr.
Citation: 2026 LiveLaw (Ker) 31
The Kerala High Court has held that no fresh notification under Section 1(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is required to apply the Act, when a Panchayat Area is converted to Municipality.
A Full Bench comprising Justice Sushrut Arvind Dharmadhikari, Justice Gopinath P. and Justice G. Girish was answering a reference which arose from conflicting Division Bench decisions on whether the conversion of a Panchayat into a Municipality interrupts the applicability of the Rent Act unless the State Government issues a fresh notification amending Schedule I.
Other Important Developments This Week
Case Title: Martin Antony v. State of Kerala
Case No: Crl.A. No. 4/2026
Martin Antony, the second accused in the 2017 actress abduction and rape case moved the Kerala High Court on Monday (January 12) challenging his conviction and sentence passed by the Principal District and Sessions Court Ernakulam.
When the matter came up for consideration today, Justice A. Badharudeen posted the matter with the connected cases, which are preferred by the other convicts. The cases will come up again on February 4.
The Kerala High Court on Monday (12 January) welcomed Justice Soumen Sen, who assumed office as the 40th Chief Justice of the Kerala High Court, in a full court reference attended by judges, members of the Bar.
Chief Justice Soumen Sen, beginning with a greeting in Malayalam, expressed deep gratitude for the warmth and affection extended to him. Reflecting on his journey from Calcutta, “the confluence of culture”, to Meghalaya, “the abode of clouds,” and now to Kerala, “God's Own Country,” he said his assumption of office was marked by humility and a profound sense of responsibility.
Case Title: Bail Appl. 14662/2025 and connected cases
Case No: Roddam Pandurangaiah Naga Govardhan v. State of Kerala and connected cases
The Kerala High Court on Monday (January 12) orally suggested the Additional Director General of Prosecution to make a recommendation to the State to make a law for protecting temple properties that would also contain penal provisions for violation of duties.
Justice A. Badharudeen was considering the bail pleas of former Travancore Devaswom Board President A. Padmakumar, TDB ex-official Murari Babu and jeweller Roddam Govardhanan. All of them are presently under custody and arrayed as the accused in the high profile case relating to the misappropriation of gold from the Dwarapalaka idols and doorframes of Sabarimala.
Case Title: Santon Lama v. State of Kerala
Case No: WP(Crl.) 1421/ 2025
The Kerala High Court on Monday (12 January) granted two weeks time to the Forensic laboratory, Thiruvananthapuram to examine the body recovered from Kalamassery, suspected to be that of Suraj Lama— an Indian citizen deported from Kuwait who allegedly went missing after landing at Kochi International Airport.
A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha was dealing with a habeas corpus petition filed by Lama's son and expressed displeasure over delay in examining the body.
Case Title: Prof. Dr. K S Anil Kumar v. State of Kerala and Ors.
Case No: WP(C) 737/ 2026
The Kerala High Court on Monday (12 January) stayed the memo of charges which the Kerala University's Vice Chancellor in-charge had issued to its former Registrar K S Anilkumar.
Justice P.V. Kunhikrishnan issued the interim order in a writ petition filed by the former Registrar of Kerala University challenging the authority of the Vice Chancellor to issue the memo of charges.
Case Title: Janeesh P.S. v. State of Kerala and Anr.
Case No: Crl.M.C. No. 11692/2025
The Kerala High Court on Tuesday (January 13) granted an interim stay of further proceedings against the 3rd accused in the crime relating to attempt to commit culpable homicide of Thrikkakkara MLA Uma Thomas.
Justice C.S. Dias today admitted the plea and issued notice to the parties. The bench granted a stay of one month.
Case Title: Suo Motu v. State of Kerala
Case No: SSCR No. 3 of 2026
Flagging the embezzlement of around Rupees 35 lakhs in the sale of ghee at Sabarimala within a span of less than two months, the Kerala High Court on Tuesday (January 13) directed the Director of the Vigilance and Anti-Corruption Bureau (VACB) to constitute a team to investigate into the same.
The Division Bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar passed the order while considering a suo motu petition initiated on the basis of a report by the Sabarimala Special Commissioner.
Case Title: Aloshious Xavier v. State of Kerala and Ors.
Case No: WP(PIL) 8/ 2026
A Public Interest Litigation (PIL) has been filed before the Kerala High Court challenging the State government's proposed 'Nava Kerala Citizens Response Programme', alleging that the survey is a politically motivated exercise intended to benefit the ruling Left Democratic Front (LDF) ahead of the upcoming Assembly elections and amounts to a misuse of public funds and government machinery.
The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., on Tuesday (14 January) directed the government pleader to get instruction from the State on the matter while posting it along with connected matters.
Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint
Case Title: Lukmanul Hakkeem v. Chief Engineer (Human Resource Management) and Ors.
Case No: WP(C) 1162/2026
The Kerala High Court on Wednesday (January 14) stayed the transfer of a KSEB lineman, who was ordered to be transferred from Pannikkode (Kozhikode) to Purang (Malappuram) based on a complaint alleged to have been made by Thiruvambady MLA, Linto Joseph.
When the matter came up for consideration, Justice N. Nagaresh admitted the plea and issued notice to the respondents, officials of KSEB.
Case Title: Adv. S.P. Deepak v. The Kerala State Election Commissioner and Ors
Case No: WP(C) 1502/ 2026
The Kerala High Court on Thursday (15 January) issued notice on a writ petition challenging the oath taken by the Councillors of the Thiruvananthapuram Corporation in the name of various deities, martyrs and political movements.
Justice P.V. Kunhikrishnan, has admitted the petition, observing that whether an oath can be taken in the name of "living person, teacher, god man", etc needs to be decided.
Case Title: Rahul K.T. v. St. Stephen's Malankara Catholic Church
Case No: RP1394/ 2025 in WP(C) 22750/ 2018
The Kerala High Court on Thursday (15 January) flagged the failure of the K-SMART Grievance System for Removal of Illegal Hoarding. The Court has directed the authorities to adopt a WhatsApp-based system used by the Local Self Government Department in dealing with waste dumping.
Justice Devan Ramachandran was considering a review in a plea against illegal and unauthorized flags and banners.
Kerala High Court Extends Stay On Producer Shamnas' Cheating Case Against Actor Nivin Pauly
Case Title: Nivin Pauly v. State of Kerala and connected case
Case No: Crl.MC 7204/ 2025 and connected case
The Kerala High Court on Thursday (January 15) extended the interim stay granted in favour of actor Nivin Pauly and producer Abrid Shine in the cheating case initiated against them by producer P.S. Shamnas. Shamnas has alleged that they caused him an unlawful loss of ₹1.9 crore.
When the case came up for consideration, counsel for Nivin and Abrid submitted before Justice C.S. Dias that they are not interested in settling the case through mediation. The Court had earlier referred the case for mediation but the mediation had not commenced since they did not show up.
Kerala High Court Directs RTA To Finalise Time Gap Norms For Stage Carriages Entering Kochi
Case Title: Aboobacker and Ors v. Joint Regional Transport Officer
Case No: WP(C) 13238/ 2022
The Kerala High Court has recently directed the Regional Transport Authority (RTA) to finalise the revision in timing in respect of the vehicles of the stage carriages entering Kochi city.
Justice Viju Abraham gave the directions while considering a writ petition concerning bus timing in Kochi.
Case Title: Joint Director v. The Secretary, Travancore Dewaswom Board
Case No: DBAR 2/ 2018
The Kerala High Court on Friday (16 January) impleaded the Kerala State Information Technology Infrastructure Limited (KSITIL) in the ongoing petition regarding embezzlement of ₹40 lakh from a Petrol Pump at Nilakkal, a base camp of Sabarimala.
A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order.
Case Title: Akshay Krishnan S. v. Principal Secretary and Ors.
Case No: WP(C) No. 1830 of 2026
The Kerala High Court on Friday (January 16) passed an interim order restricting the inauguration of an unauthorised statute constructed inside the government law college, Thiruvananthapuram.
Justice Bechu Kurian Thomas directed the District Collector, Thiruvananthapuram, the college principal and the Station House Officer of Museum Police station to ensure that no inauguration, or other ceremonial function is conducted in relation to any unauthorised construction or statute erected inside the college.