Nominal Index [Citations: 2026 LiveLaw (Ker) 196 - 207]Suo Motu v. State of Kerala and Ors., 2026 LiveLaw (Ker) 196Swami Saranam Enterprises and Anr. v State of Kerala and Ors., 2026 LiveLaw (Ker) 197United India Insurance Company Ltd. v. E.G. Sahadevan and Ors., 2026 LiveLaw (Ker) 198Clara Dominic v. Tomy Eapen and Ors., 2026 LiveLaw (Ker) 199All Kerala Bar Hotels & Restaurant...
Nominal Index [Citations: 2026 LiveLaw (Ker) 196 - 207]
Suo Motu v. State of Kerala and Ors., 2026 LiveLaw (Ker) 196
Swami Saranam Enterprises and Anr. v State of Kerala and Ors., 2026 LiveLaw (Ker) 197
United India Insurance Company Ltd. v. E.G. Sahadevan and Ors., 2026 LiveLaw (Ker) 198
Clara Dominic v. Tomy Eapen and Ors., 2026 LiveLaw (Ker) 199
All Kerala Bar Hotels & Restaurant Employees Association (CITU) v State of Kerala and Ors., 2026 LiveLaw (Ker) 200
Shaji v. Soman and Anr., 2026 LiveLaw (Ker) 201
Shahir Basheer v. State of Kerala, 2026 LiveLaw (Ker) 202
Bipha Drug Laboratories Pvt. Ltd. v Kerala State Electricity Board and Ors., 2026 LiveLaw (Ker) 203
Joju George and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 204
P. Lakshmikutty Amma and Ors. v V.K Indira and Anr., 2026 LiveLaw (Ker) 205
Prasanth P. Kumar and Anr. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 206
Suresh v State of Kerala and Ors., 2026 LiveLaw (Ker) 207
Judgments/ Orders This Week
Case Title: Suo Motu v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 196
The Kerala High Court, in a recent order, remarked that the Cochin Devaswom Board has the duty to ensure basic amenities like sufficient toilets, safe drinking water, etc. to the devotees of the 409 temples managed by it.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu devaswom board petition initiated on the basis of a complaint submitted by the Convenor of Sree Kurumbamma Bhakthajana Samithi, Kodungallur regarding issues of inadequate facilities for devotees of the temple.
Case Title: Swami Saranam Enterprises and Anr. v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 197
The Kerala High Court has held that a product classified as “compostable” under Plastic Waste Management Rules, 2016 cannot simultaneously be treated as “biodegradable,” either scientifically or legally.
The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, were examining the legality of introducing PLA-based (polylactic acid) water bottles at Sabarimala.
Case Title: United India Insurance Company Ltd. v. E.G. Sahadevan and Ors.
Citation: 2026 LiveLaw (Ker) 198
The Kerala High Court, in a recent judgment, clarified that since there is no need for separate badges to drive autorickshaws if drivers hold valid licenses, absence of badge is not a fundamental breach of insurance policy conditions.
Justice M.B. Snehalatha held that in such circumstances, the insurer is liable to compensate and it does not have the right to recover from the registered owner the compensation paid under the 'pay and recovery' principle.
Case Title: Clara Dominic v. Tomy Eapen and Ors.
Citation: 2026 LiveLaw (Ker) 199
The Kerala High Court has recently held that a withdrawal slip drawn on a cooperative society, which is engaged in banking activities, falls within the definition of 'cheque' as provided under Section 6 of the Negotiable Instruments Act.
Justice C.S. Dias held that cooperative societies performing banking functions can be considered as 'banker' as per Section 3 NI Act and therefore, withdrawal slips drawn on such societies would partake the character of cheques as defined under the Act.
Kerala High Court Disposes PIL On Bar Timings After Stakeholder Meet Resolves Labour Concerns
Case Title: All Kerala Bar Hotels & Restaurant Employees Association (CITU) v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 200
The Kerala High Court has disposed of a public interest litigation (PIL) challenging recent amendments to liquor regulations affecting bar hotel working hours, after noting that the concerns raised had been substantially addressed through a government led stakeholder consultation.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. was hearing a petition filed by the All Kerala Bar Hotels & Restaurant Employees Association (CITU).
Case Title: Shaji v. Soman and Anr.
Citation: 2026 LiveLaw (Ker) 201
The Kerala High Court in a recently ruling clarified that an insurance company cannot be exonerated from the liability to pay compensation in motor accidents claims cases when the injured person is a gratuitous passenger on a goods vehicle.
Relying on Kaminiben & Ors v. The Oriental Insurance Company Limited & Ors., Justice M.B. Snehalatha observed that the insurer is entitled to recover the amount paid from the owner of the vehicle.
Case Title: Shahir Basheer v. State of Kerala
Citation: 2026 LiveLaw (Ker) 202
The Kerala High Court recently clarified that anticipatory bail can be denied solely on the ground that an accused fails to disclose that he is aboard at the time of filing the application.
Dr. Justice Kauser Edappagath relied on the Division Bench decision in Anu Mathew v. State of Kerala and observed:
“it is the primary duty of an accused applying for pre-arrest bail from abroad in a court in India to disclose that he is abroad. He must also undertake to come to India when directed by the Court. The failure to disclose in the bail application that the accused was abroad at the time of filing the application alone would disqualify him from obtaining the extraordinary relief of pre-arrest bail. In other words, if an accused conceals that he was abroad when filing the application, that alone is enough for the Court to decline to exercise its discretion under Section 438 of Cr. P.C./Section 482 of BNSS in his favour.”
Case Title: Bipha Drug Laboratories Pvt. Ltd. v Kerala State Electricity Board and Ors.
Citation: 2026 LiveLaw (Ker) 203
The Kerala High Court has upheld the validity of requiring subsequent purchasers or occupiers of a premises to deposit arrears of a previous consumer as a condition for obtaining a fresh electricity connection.
Justice Mohammed Nias C.P was delivering the judgment in a writ arising out of Electricity dues liability of a subsequent purchaser of a property which had arrears from previous consumer.
Case Title: Joju George and Ors. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 204
The Kerala High Court recently dismissed a plea for habeas corpus preferred by three fathers, who alleged that their adult daughters were being illegally detained by the nuns of Monastery of Holy Ruah (MHR), a religious congregation that was dissolved in 2023 by the Archdiocese of Thrissur.
The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian noted that the alleged detenues are educated and there were no reasons to suspect that they are not acting on their free will.
Alteration In Will After Execution Has No Legal Effect Unless Duly Attested: Kerala High Court
Case Title: P. Lakshmikutty Amma and Ors. v V.K Indira and Anr.
Citation: 2026 LiveLaw (Ker) 205
The Kerala High Court has reaffirmed that any alteration or correction in a Will made after its execution has no legal effect unless it is duly attested in the manner prescribed under Section 71 of the Indian Succession Act.
It further clarified the scope of probate jurisdiction in examining the effect of unattested alteration made in a Will.
Justice S. Manu was delivering the judgment in a miscellaneous first appeal.
Case Title: Prasanth P. Kumar and Anr. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 206
The Kerala High Court recently clarified that Lok Adalats can settle disputes of any pecuniary value if the same falls within its territorial jurisdiction since Section 19(5) of the Legal Services Authority Act does not prescribe pecuniary jurisdiction for Lok Adalats.
Justice Harisankar V. Menon was considering a writ petition challenging an award passed by the Adoor Taluk Legal Services Committee on the grounds of fraud and lack of jurisdiction.
Case Title: Suresh v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 207
The Kerala High Court has held that a convict's past involvement in criminal cases cannot, by itself, justify denial of ordinary leave if he is eligible for Ordinary leave under Rule 397 of Kerala Prisons and Correctional Services (Management) Rules.
Justice K. Babu was considering a writ petition filed by the father of a convict seeking leave for his son.
Other Important Developments This Week
Case Title: James Mathew v State of Kerala and Ors.
Case No: WP(PIL) 78/ 2026
The Kerala High Court has recently (8 April) directed the State to file an affidavit on a petition challenging the Kerala Wildlife (Protection) Amendment Rules, 2026, alleging that the State government is attempting to dilute statutory safeguards and retrospectively legitimize illegal possession of wildlife articles, including ivory.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the direction in a Public Interest Litigation (PIL) which sought to halt the implementation of the notification regarding the amendment of the Kerala Wildlife (Protection) Rules issued by the State government on March 04, 2026.
Case Title: Moh Farmaan and Anr. v. State of Kerala and Ors.
Case No: B.A. No. 1644 of 2026
The Kerala High Court has stayed, till May 20, the arrest of the viral Kumbh mela star and her husband Farmaan in the crime registered pursuant to a complaint preferred by her father before the Madhya Pradesh police alleging abduction of his daughter.
Dr. Justice Kauser Edappagath initially passed an interim order staying their arrest on March 23 while considering their anticipatory bail application, which had been filed apprehending arrest based on the afore complaint.
Case Title: Abdal Rahim H. v. Union of India and Ors.
Case No: WA 924/2026
An appeal has been moved before the Kerala High Court challenging a judgment of the Single Bench, which had dismissed a plea to stall the movie 'Kaalam Paranja Kadha' that is allegedly inspired by the Venjaramoodu Mass Murder case.
Last week, the Single Judge had dismissed the writ petition filed by the father of the accused, who had stated that the movie would prejudicially affect the trial that is currently pending before the Sessions Court, Thiruvananthapuram.
Supreme Court Collegium Approves Proposal To Appoint Two Women Advocates As Kerala High Court Judges
The Supreme Court Collegium, in its meeting held on April 14, 2026, has approved the proposal for the appointment of Preeta Aravindan Krishnamma and Liz Mathew Anthraper as Judges of the High Court of Kerala.
Case Title: Vijesh C.K. v. State of Kerala and Ors. & Bachi Sulaimantakath Sameera v. Malabar Devaswom Board and Ors.
Citation: 2026 LiveLaw (Ker) 171
The Kerala High Court, in a recent ruling, gave the green signal for a road widening project that was undertaken near Madayikavu Bhagavathy Temple in Kannur after imposing several conditions, including afforestation by planting at least 400 trees.
The Division Bench of Justice Raja Vijaraghavan V. and Justice K.V. Jayakumar took note of the fact that the area is an 'ecological paradise' and a biodiversity hotspot, and gave a slew of directions to ensure sustainable development.
Case Title: Rajendran V. v. Tahsildar and Ors.
Case No: WP(C) No. 23555 of 2024
The Kerala High Court has referred to the Division Bench the question whether a co-operative society is entitled to recover amount due from a retired government employee from his death-cum-retirement gratuity (DCRG) in spite of the bar for such recovery under Rule 124 of the Kerala Service Rules (KSR) and Sections 60(1) and 60(1A) of the Code of Civil Procedure.
Justice K. Babu referred to two Division Bench decisions, which had categorically held that dues from a government employees can be recovered from the DCRG under certain circumstances if their consent, in writing, has been received.
Kerala High Court Lifts Restraint On Nurses' Strike, Allows Disciplinary Action By Hospitals
Case Title: Kerala Private Hospital Association v. State of Kerala and Ors. and connected cases
Case No: WP(C) No. 8176 of 2026 and connected cases
The Kerala High Court on Friday (17 April) modified its earlier interim order dated March 13, 2026, effectively lifting restrictions imposed on both the nurses' association and the Private Hospital Management in the ongoing dispute between hospital management and nursing staff.
Justice Harisankar V. Menon modified the earlier order.
Case Title: Abdal Rahim H. v. Union of India and Ors.
Case No: WA 924/2026
The Kerala High Court on Friday (April 17) orally remarked that it has no apprehension that a judicially-trained mind would be swayed by a movie while considering a case.
The Division Bench of Justice Gopinath P. and Justice Johnson John was considering an appeal challenging a judgment of the Single Bench, which had dismissed a plea to stall the movie 'Kaalam Paranja Kadha' that is allegedly inspired by the Venjaramoodu Mass Murder case.