LiveLaw Kerala High Court Weekly Round-Up: September 21 - September 27, 2026
Citations: 2026 LiveLaw (Ker) 518 - 2026 LiveLaw (Ker) 527Nominal IndexJayan Vatahakattu Moni v. Commissioner of Income Tax (Appeals) and Anr., 2026 LiveLaw (Ker) 518Anto Augustine v. State of Kerala, 2026 LiveLaw (Ker) 519Union of India and Ors. v. Santosh Karwade and Anr. and connected case, 2026 LiveLaw (Ker) 520Sagesh v. State of Kerala, 2026 LiveLaw (Ker) 521Jisha Thomas v. State of...
Citations: 2026 LiveLaw (Ker) 518 - 2026 LiveLaw (Ker) 527
Nominal Index
Jayan Vatahakattu Moni v. Commissioner of Income Tax (Appeals) and Anr., 2026 LiveLaw (Ker) 518
Anto Augustine v. State of Kerala, 2026 LiveLaw (Ker) 519
Union of India and Ors. v. Santosh Karwade and Anr. and connected case, 2026 LiveLaw (Ker) 520
Sagesh v. State of Kerala, 2026 LiveLaw (Ker) 521
Jisha Thomas v. State of Kerala and Ors., 2026 LiveLaw (Ker) 522
Kavya K. v. State of Kerala and Anr. & Keerthana K.C. v. State of Kerala, 2026 LiveLaw (Ker) 523
Raeesa Parveen v. Union of India and Ors., 2026 LiveLaw (Ker) 524
Amarnath Joshi Surendiran v. Secretary, Bar Council of Kerala and Ors., 2026 LiveLaw (Ker) 525
K. Surendran v. State of Kerala and Ors., 2026 LiveLaw (Ker) 526
Raja Varier v. State of Kerala and Anr., 2026 LiveLaw (Ker) 527
Judgments/ Orders This Week
Case Title: Jayan Vatahakattu Moni v. Commissioner of Income Tax (Appeals) and Anr.
Citation: 2026 LiveLaw (Ker) 518
The Kerala High Court has quashed an order dismissing actor Jayasurya's (Jayan Vathakkattu Moni) income tax appeal, holding that an income-tax appellate authority cannot dismiss an appeal solely because the assessee failed to appear for the hearing.
Justice Ziyad Rahman A.A. observed that the appellate authority is bound to frame points of determination as per Section 250(6) and answer the same by providing reasons.
Kerala High Court Grants Bail To Reporter TV MD Anto Augustine Arrested In Alcohol Possession Case
Case Title: Anto Augustine v. State of Kerala
Citation: 2026 LiveLaw (Ker) 519
The Kerala High Court on Tuesday (September 22) granted regular bail to Reporter TV Managing Director Anto Augustine, who is booked in an excise case for illegal possession of large quantities of alcohol in his residence in Wayanad.
Dr. Justice Kauser Edappagath noted that recovery was effected in the case already and that Augustine was also handed over to police custody.
Case Title: Union of India and Ors. v. Santosh Karwade and Anr. and connected case
Citation: 2026 LiveLaw (Ker) 520
The Kerala High Court has held that an Investigating Officer can also be appointed as the Prosecutor in a court-martial proceeding under the Navy Act, 1957, observing that such an appointment does not, by itself, violate the right to a fair trial guaranteed under Article 21 of the Constitution.
A Division Bench comprising Justice K. Natarajan and Justice Johnson John delivered the judgment in appeals arising from a single bench judgment.
Case Title: Sagesh v. State of Kerala
Citation: 2026 LiveLaw (Ker) 521
The Kerala High Court has held that default bail cannot be granted merely because there was delay in re-submitting the final report, which was submitted within the statutory period and returned only for curing formal defects.
Dr. Justice Kauser Edappagath reasoned:
“Where a final report is returned only for curing formal defects, the permission granted is to rectify such defects. Once cured and re- presented without any further investigation, the re-submission relates back to the original date of filing. It is immaterial whether the defect is cured within the period granted by the Court. Accordingly, I hold that where the final report is filed within the statutory period under Section 187 of the BNSS, and returned only for formal defects, its re-submission after curing such defects must be treated as within time, even if effected after expiry of the statutory period.”
Case Title: Jisha Thomas v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 522
The Kerala High Court has observed that an inter-religion marriage must also be taken into consideration for Inter-Caste Marriage reservation benefits.
Justice Harisankar V. Menon made the observation while considering a writ petition filed by a person who sought appointment to the post of farm employee under the 'Inter-Caste Marriage' reservation category.
Vadakara MDMA Case: Kerala High Court Grants Bail To Two Teachers Booked Under NDPS Act
Case Titles: Kavya K. v. State of Kerala and Anr. & Keerthana K.C. v. State of Kerala
Citation: 2026 LiveLaw (Ker) 523
The Kerala High Court granted bail to two teachers, Kavya K. and Keerthana K.C., who were arrested in the Vadakara MDMA case.
The case relates to the drug trafficking case, involving school teachers and special educators as financial intermediaries.
Dr. Justice Kauser Edappagath granted bail to third accused Kavya, who was arrested on July 25. The judge had, earlier this month, granted bail to second accused Keerthana, who was arrested on July 11.
Case Title: Raeesa Parveen v. Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 524
The Kerala High Court has held that the Passport Authority cannot insist on divorce decree for deletion of husband's name from the passport of a Muslim woman, when the 'talaq' is recognised under the Muslim Personal Law.
Justice Murali Purushothaman observed,
"Divorce resulting from a 'talak' pronounced by the husband is a mode of divorce recognised and accepted under Muslim personal law...divorcees applying for change of name or for deletion of spouse's name in existing passport are not required to produce court's order for judicial separation / decree of divorce."
Case Title: Amarnath Joshi Surendiran v. Secretary, Bar Council of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 525
The Kerala High Court on Wednesday (September 23) directed the Bar Council of Kerala (BCK) to continuously update the list of advocates, who have not cleared All India Bar Examination (AIBE) or obtained Certificate of Practice (CoP).
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation that pointed out the inaction on the part of the State Bar Council in not following the rules and the provisions of the Advocates Act, thereby permitting advocates to practice without a Certificate of Practice.
Case Title: K. Surendran v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 526
The Kerala High Court on Thursday (September 24) closed the plea moved by BJP leader K. Surendran seeking a direction not to replace the existing members of the Devaswom Vigilance Investigation Team functioning at Sabarimala, while the probe into the gold theft cases are pending.
The plea that came up before the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was moved after seeing a news article dated September 14 on Mathrubhumi daily reporting that the State Police Chief is intending to replace the Vigilance Team members despite specific directions of the High Court.
Case Title: Raja Varier v. State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 527
The Kerala High Court recently quashed the criminal proceedings against a male teacher, who was booked for the offence of outraging the modesty of his female student by allegedly beating her palm in a classroom.
Justice Jobin Sebastian observed that the teacher did not have requisite intent to outrage the de facto complainant's modesty as he beat her only to wake her in a class full of students.
Other Developments This Week
Case No: Crl.A 1239/2026
Case Title: Tomin J. Thachankary v. State of Kerala
The Kerala High Court on Tuesday (September 22) granted 2 days' time to the State to object to former Director General of Police Tomin J. Thachankary's plea to suspend his 4-year sentence in a disproportionate assets case.
When the matter came up before Justice A. Badharudeen, the public prosecutor submitted that he seeks to file a counter objecting to the sentence suspension plea in Thachankary's appeal against conviction.
Case No: WP(C) 31188/2026
Case Title: Dinesh Menon v. State of Kerala and Ors.
The Kerala High Court on Tuesday (September 22) orally asked if repeated convictions with sentences not exceeding to 2 years can avoid automatic disqualification of a legislator as per the Representation of Peoples Act.
Justice Bechu Kurian Thomas posed the question orally while hearing a plea filed by businessman Dinesh Menon seeking to disqualify Pala MLA Mani C. Kappan following his conviction in 4 cheque bounce cases in Mumbai.
Case Title: T. N. Prathapan v. Union of India and Ors. and connected cases
Case No: WP(PIL) 50/ 2025 and connected cases
The Kerala High Court has taken note of steps initiated by the Directorate General of Maritime Administration (DGMA) to assess the condition of submerged containers and the possible navigation and environmental risks associated with them following the MSC Elsa 3 wreckage.
The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar was considering a batch of public interest litigations raising questions regarding the navigational hazards, marine pollution and livelihood issues of coastal communities posed with the sinkage of vessel.
Case No: WP(C) No. 14599 of 2020 and Crl.MC No. 5539/2020
Case Title: M.S. Anil v. State of Kerala and Ors. and connected case
The Kerala High Court on Tuesday (September 22) observed that it would decide whether sanction is required to prosecute the accused persons in the ₹15.85 crore SNDP Microfinance Fraud case, including Vellappally Natesan and former MDs of Kerala State Backward Classes Development Corporation Ltd. (KSBCDC).
Justice A. Badharudeen heard arguments advanced by petitioner's counsel D. Anil Kumar and State Attorney Anoop V. Nair, who appeared for the State Home and Vigilance departments as well as the Backward Classes Development Department (BCDD).
Case No: WP(PIL) 180/2026
Case Title: Jaffer Khan v. State of Kerala and Ors.
The Kerala High Court on Wednesday (September 23) granted State four weeks' time to fill up the post of Chief Investigating Officer (CIO) in State Police Complaints Authority (SPCA), an independent body constituted as per the Kerala Police Act, 2011 to consider complaints against police officers.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. noted that the government's Home department has constituted a 3-member search-cum-selection committee for the selection of the CIO and that the committee was requested to take further steps to finalise the qualifications, experience and other details for the appointment for the post of chief investigation officer, keeping in view the nature and responsibility attached to the post.
Case No: WP(Crl.) 1435/2026 (Filing No)
Case Title: Kerala Public Service Commission and Anr. v. State of Kerala and Anr.
The Kerala Public Service Commission has moved the High Court seeking to quash prosecution sanction as well as the Crime Branch's FIR registered against its staff members over alleged irregularities in examination for recruitment to the State Planning Board.
According to the plea, the KPSC issued a notification in 2022 to the post of Chief (Industry & Infrastructure Division) and thereafter, the written exam was conducted. The shortlist with 10 candidates' names was published in February 2025 and one of these persons approached the Kerala Administrative Tribunal pointing out that 10 questions were not evaluated.
Supreme Court Collegium Recommends Making 5 Additional Judges Of Kerala High Court Permanent
The Supreme Court Collegium, in its meeting held on 23rd September 2026, has approved the proposal for appointment of the following Additional Judges as Permanent Judges of the High Court of Kerala:
(i) Shri Justice P. Krishna Kumar,
(ii) Shri Justice K.V. Jayakumar,
(iii) Shri Justice Muralee Krishna S.,
(iv) Shri Justice Jobin Sebastian, and
(v) Shri Justice P.V. Balakrishnan.
Case No: Crl.A 1239/2026
Case Title: Tomin J. Thachankary v. State of Kerala
The Kerala High Court on Thursday (September 24) reserved its verdict in the sentence suspension plea preferred by former Director General of Police Tomin J. Thachankary in the disproportionate assets case.
Justice A. Badharudeen heard detailed arguments by Senior Advocate B. Raman Pillai, who appeared for Thachankary. The Court also heard the public prosecutor, who opposed the sentence suspension plea.
Case Title: The Joint Director v. The Secretary and Connected case
Case No: DBAR 1/ 2026 and SSCR 3/ 2026
The Kerala High Court on Wednesday (23 September) accepted the Vigilance report concluding that the alleged loss in the sale of Adiyashishtam Ghee packets at Sabarimala during the 2025-26 Mandala-Makaravilakku season could not, on the material presently available, be attributed to individual criminal liability.
A Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, was considering the suo motu petition initiated on the basis of a report by the Sabarimala Special Commissioner alleging the misappropriation of money at the ghee sales counter.
Case No: WP(C) No. 15090 of 2020
Case Title: Clemance Thottappilly v. State of Kerala
The Kerala High Court on Thursday (September 24) issued a slew of directions to improve road safety in the State and observed that a suo motu case “In Re: Road Safety in Kerala” in this regard needs to be registered for continuous monitoring.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar remarked that comprehensive, coordinated and time-bound directions are to be made and identified authorities to carry out each task/monitor compliance.
The Kerala High Court has issued the 'General Guidelines for the Regulation of Photography, Videography and Live Streaming in the High Court' to ensure its security, dignity, decorum and smooth functioning.
The Guidelines are applicable to all persons entering the High Court premises, including advocates, litigants, interns, law clerks, officers, media persons and other visitors.
Case No: WP(C) 31188 of 2026
Case Title: Dinesh Menon v. State of Kerala and Ors.
Pala MLA Mani C. Kappan has contended that the writ petition filed by businessman Dinesh Menon seeking his disqualification following conviction in 4 cheque cases is not maintainable.
Opposing the plea, Kappan has stated that the reliefs sought in the plea cannot be granted since there is an exclusive mechanism provided under the Constitution itself in the matter of disqualification of a sitting MLA. Referring to Article 192, it is submitted that the question regarding disqualification is to be referred to the Governor, who has to obtain the Election Commission's opinion and act according to it.
Kerala High Court Grants Protection From Arrest To CPI(M)'s KS Arunkumar In Case Over Post On Home Minister's Foreign Trip
Case No: Crl.MC 8069/2026
Case Title: K.S. Arunkumar v. State of Keralam and Anr.
The Kerala High Court on Friday (September 25) ordered that no coercive proceedings shall be taken against CPI(M) leader K.S. Arunkumar in the crime registered accusing him of criminal defamation and provoking riots by making a facebook post criticising Home Minister Ramesh Chennithala's foreign trip to the US.
While considering Arunkumar's plea to quash the criminal proceedings, Justice C.S Dias directed that he shall not be arrested and made it clear that the pendency of the case would not be a bar to proceed with the investigation.
Case No: WP(Crl.) 1476/ 2026
Case Title: Adv. K.M. Shajahan v. State of Kerala and Ors.
The Kerala High Court on Saturday (September 26) observed that it would decide the correctness of Kerala government's move to conduct a preliminary enquiry without registering an FIR on receipt of Enforcement Directorate (ED) communication about alleged commission of Prevention of Corruption Act offences in the CMRL-Exalogic Payoff case.
The Bench of Justice A. Badharudeen was hearing a plea to register FIR incorporating offences under the Prevention of Corruption Act against Leader of Opposition Pinarayi Vijayan, his daughter Veena and son-in-law Mohammed Riyas in the case.
Case Title: Yeshwant Shenoy v. Bar Council of Kerala
Case No: WP(C) 33005/ 2026
The Kerala High Court on Saturday (26 September) issued notice to the Bar Council of Kerala in a plea challenging formation of the council's statutory committees, alleging that no elections were held for constituting these committees.
Justice Bechu Kurian Thomas issued the notice in the writ petition filed by advocate Yeshwanth Shenoy, an elected member of the XIII Bar Council of Kerala, against the Bar Council of Kerala and its Chairman.
Case Title: Muhammed Firdouz A.V. v. Chief General Manager and Ors.
Case No: WP(C) 32914/ 2026
The Kerala High Court on Saturday (26 September) issued notice to Securities and Exchange Board of India (SEBI) in a writ petition seeking directions to SEBI to consider a complaint alleging irregularities in the financial reporting, related party transactions and cross-border dealings of Kitex Garments Ltd. (KGL) and its group entities.
Justice Bechu Kurian Thomas issued the notice.
The writ petitioner is a share holder in the company. According to the petition, the petitioner had submitted a detailed complaint to SEBI on April 16. 2026, raising concerns regarding transactions involving KGL, Kitex Childrenswear Limited (KCL) and their US-based joint venture, Kitex USA LLC (KUL).