Nominal Index [Citations: 2025 LiveLaw (Ker) 814 - 823]Manoharan D. and Ors. v. and Kerala State Beverages (Manufacturing and Marketing) Corporation and Ors. connected cases, 2025 LiveLaw (Ker) 814Mohan Abraham v State of Kerala, 2025 LiveLaw (Ker) 815 M/s T P Trading Company v. The Transport Commissioner (Kerala State), 2025 LiveLaw (Ker) 816Sajid Pasha And Ors. V.S.Abdunnasir. P And Ors.,...
Nominal Index [Citations: 2025 LiveLaw (Ker) 814 - 823]
Manoharan D. and Ors. v. and Kerala State Beverages (Manufacturing and Marketing) Corporation and Ors. connected cases, 2025 LiveLaw (Ker) 814
Mohan Abraham v State of Kerala, 2025 LiveLaw (Ker) 815
M/s T P Trading Company v. The Transport Commissioner (Kerala State), 2025 LiveLaw (Ker) 816
Sajid Pasha And Ors. V.S.Abdunnasir. P And Ors., 2025 LiveLaw (Ker) 817
James Varghese v. Pala Municipality, 2025 LiveLaw (Ker) 818
Indira Gandhi Co-Operative Hospital and Ors and connected case, 2025 LiveLaw (Ker) 819
Koshy Phillip v Thomas P Mathew and Ors., 2025 LiveLaw (Ker) 820
Catholic Congress v. Juby Thomas and Ors. & Union of India and Ors. v. Juby Thomas and Ors., 2025 LiveLaw (Ker) 821
Vishnu N P v State of Kerala and connected cases, 2025 LiveLaw (Ker) 822
The Managing Director, KSFE v Mathew P Babu, 2025 LiveLaw (Ker) 823
Judgments/ Orders This Week
Case Title: Manoharan D. and Ors. v. and Kerala State Beverages (Manufacturing and Marketing) Corporation and Ors. connected cases
Citation: 2025 LiveLaw (Ker) 814
The Kerala High Court has held that retired abkari workers of the Kerala State Beverages Corporation Ltd. (KSBC) who were already paid terminal benefits under the State Abkari Workers Welfare Fund Act, are entitled to receive gratuity in terms of the Payment of Gratuity Act which is a statutory right.
The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. allowed a batch of writ appeals filed by the abkari workers challenging the decision of the Single bench.
Case Title: Mohan Abraham v State of Kerala
Citation: 2025 LiveLaw (Ker) 815
The Kerala High Court has recently directed all Criminal Courts in the District Judiciary to obtain an endorsement in the proceedings sheet of the case from the accused or his counsel on the Compliance with Rule 19(4) of the Criminal Rules of Practice in Kerala, 1982, (CRP) before scheduling the case for examination of witnesses.
Justice A Badharudeen, delivered the judgment in a criminal miscellaneous case seeking compliance of Rule 19(4) of CRP.
Case Title: M/s T P Trading Company v. The Transport Commissioner (Kerala State)
Citation: 2025 LiveLaw (Ker) 816
The Kerala High Court upheld the motor vehicle tax demand on a car registered in Puducherry after finding no evidence that it was actually used there.
Justices A. Muhamed Mustaque and Harisankar V. Menon noted that the NIL returns do not reflect any business being carried out by the assessee from Puducherry.
The bench opined that the onus shifts to the assessee to show that the vehicle was not being used in Kerala to attract tax.
Case Title: Sajid Pasha And Ors. V.S.Abdunnasir. P And Ors.
Citation: 2025 LiveLaw (Ker) 817
The Kerala High Court dismissed an arbitration request filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the applicants failed to send a valid notice under section 21 which is a pre-condition for invoking jurisdiction of the court for appointment of an arbitrator.
Justice S. Manu held that email relied upon by the applicants merely asking the respondents to suggest an arbitrator did not mention any specific dispute, any arbitration clause or even which partnership deed was being invoked.
Case Title: James Varghese v. Pala Municipality
Citation: 2025 LiveLaw (Ker) 818
The Kerala High Court held that under Section 509(11) of the Municipality Act, only the tax component shown in the demand notice is required to be paid for filing an appeal. The bench clarified that the Municipality cannot insist on payment of penal interest or any other additional charges for entertaining the appeal.
Justice Ziyad Rahman A.A. opined that the obligation of the assessee while submitting an appeal is only to make the payment of the tax component in the demand and nothing more. As far as the penal interest and other charges are concerned, the same can be enforced by invoking the appropriate proceedings, subject to the orders to be passed by the Tribunal.
Case Title: Indira Gandhi Co-Operative Hospital and Ors and connected case
Citation: 2025 LiveLaw (Ker) 819
The Kerala High Court has recently held that co-opted members of a managing committee cannot be removed at the “pleasure” of the elected board. The Court held that the only lawful method of removing any member of a managing committee, elected or co-opted, is the statutory process under Rule 43-A of the Kerala Co-operative Societies Rules.
Justice K. Babu delivered a common judgment disposing of two connected writ petitions concerning the removal of a co-opted 'Professional Director' from the Indira Gandhi Co-operative Hospital Society.
Review Petition Can't Be Entertained Against Order Refusing To Appoint Arbitrator: Kerala High Court
Case Title: Koshy Phillip v Thomas P Mathew and Ors.
Citation: 2025 LiveLaw (Ker) 820
The Kerala High Court held that review petitions challenging orders passed under section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) are not maintainable, reiterating that the arbitration act is a self contained code and does not permit substantive review unless expressly provided.
Justice S. Manu dismissed a review petition filed against an order passed by the court refusing to appoint the arbitrator, holding that the High Court becomes functus-officio after deciding the petition under section 11 and cannot revisit the merits of such orders through review.
Kerala High Court Rejects Appeals By Centre, Catholic Congress Against 'Haal' Movie
Case Title: Catholic Congress v. Juby Thomas and Ors. & Union of India and Ors. v. Juby Thomas and Ors.
Citation: 2025 LiveLaw (Ker) 821
The Kerala High Court on Friday (December 12) dismissed appeals filed by the Union Government and the Catholic Congress challenging the Single Bench's decision quashing the A-certification and cuts to the movie 'Haal'.
The Division Bench comprising Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan delivered the verdict.
Case Titles: Catholic Congress v. Juby Thomas and Ors. & Union of India and Ors. v. Juby Thomas and Ors.
Citation: 2025 LiveLaw (Ker) 821
The Kerala High Court on Friday (December 12) directed its Registry to accept and entertain appeals under Section 5C of the Cinematograph Act as a miscellaneous first appeal with the nomenclature MFA (Cinematograph Act).
The Division Bench consisting of Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan made the suggestion while dismissing the writ appeals challenging the movie 'Haal'.
'Arrest Illegal If Grounds Not Conveyed To Arrestee As Soon As Possible': Kerala High Court
Case Title: Vishnu N P v State of Kerala and connected cases
Citation: 2025 LiveLaw (Ker) 822
The Kerala High Court has reiterated that failure to communicate the grounds of arrest in accordance with Article 22(1) of the Constitution and Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 renders the arrest illegal, entitling the accused to be released in Bail.
Justice K. Babu made the observation while delivering a common order in four bail applications.
“If the grounds of arrest are not communicated to the arrestee, as soon as may be, he will not be able to effectively exercise the right to consult an advocate. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible. If a person is not informed of the grounds of arrest as soon as may be, it would amount to violation of fundamental right rendering the arrest illegal.” Court noted
Case Title: The Managing Director, KSFE v Mathew P Babu
Citation: 2025 LiveLaw (Ker) 823
The Kerala High Court has held that employers challenging gratuity awards under the Payment of Gratuity Act, 1972 must deposit both the gratuity and the accrued interest as a condition precedent for admission of an appeal.
Justice K Babu was delivering a judgment in a writ petition filed by the Kerala State Financial Enterprises Ltd. (KSFE).
Other Important Developments This Week
Kerala High Court Reserves Verdict On Appeals Against 'Haal' Movie
Case Title: Union of India and Ors. v. Juby Thomas and Ors. and connected case.
Case No: WA 2926/ 2025 and connected case
The Kerala High Court on Monday (December 8) reserved its verdict on appeals challenging single judge's decision setting aside A certificate granted to 'Haal' movie.
Appeals filed by Centre, Central Board of Film Certification and Catholic Congress were considered together by the Bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan.
Case Title: Santon Lama v. State of Kerala and Ors.
Case No: WP (Crl) No. 1421/2025
The Kerala High Court on Wednesday expressed concern over the disappearance of Suraj Lama, an Indian citizen who was reportedly deported from Kuwait and subsequently went missing after arriving in Kochi and observed that protection of a citizen is the constitutional obligation.
The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha while hearing the habeas corpus plea filed by the missing man's son remarked that the situation was shocking noting that a citizen who arrived in India safely after deportation had subsequently gone missing, with current reports suggesting he may be dead.
Case Title: Suo Motu v Union Government and Ors.
Case No: SSCR 29/ 2025
The Kerala High Court on Monday (8 December) directed a multi-departmental team to inspect and draw samples from a large stock of Kumkum stored at an establishment in Erumeli. The Court also observed that the widespread sale of unlabelled and unpackaged Kumkum to pilgrims, calling it a clear violation of statutory standards.
The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar issued the order while considering the Sabarimala Special Commissioner's report.
Suraj Lama Missing Case: Kerala High Court Seeks Deportation Documents Of The Missing Person
Case Title: Santon Lama v. State of Kerala and Ors.
Case No: WP (Crl) No. 1421/2025
The Kerala High Court on Thursday (11 December) sought the deportation documents of Suraj Lama, an Indian citizen who has been deported from Kuwait and went missing after arriving at Kochi.
The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha issued the direction while considering the habeas corpus petition filed by the son of the missing person.
Kerala High Court Seeks Status Report On Removal Of Unauthorised Boards, Banners & Election Material
Case Title: Rahul K.T. v. St. Stephen's Malankara Catholic Church
Case No: RP 1394/ 2025 in WP(C) 22750/ 2018
The Kerala High Court on Thursday (11 December) sought reports on removal of illegal boards and election materials by the concerned authorities.
Justice Devan Ramachandran was considering a review in a plea against illegal and unauthorized flags and banners.
Case Title: Suo Motu v State of Kerala
Case No: DBP 52/ 2025
The Kerala High Court on Wednesday (10 December) directed Suchitwa Mission— a technical arm of government which empowers local bodies with technical support for waste management, sanitation, and green initiatives— to conduct a detailed cleanliness audit of the Chottanikkara Temple and suggest implementable measures.
The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar was considering a suo motu petition based on a complaint alleging corruption and maladministration in the temple
Sabarimala Gold Theft: Kerala High Court Reserves Verdict In Bail Application By Ex-TDB Official
Case No: Bail Appl. 14394/2025 and Bail Appl. 14395/2025
Case Title: R. Murari Babu v. State of Kerala
The Kerala High Court on Friday (December 12) reserved its verdict in the regular bail pleas preferred by former Travancore Devaswom Board (TDB) official Murari Babu in the Sabarimala gold theft case.
Justice A. Badharudeen heard arguments advanced by Advocate S. Rajeev representing Murari Babu and those of the prosecution.
During the course of the hearing today, the Court orally asked for the minutes of the Board meeting that decided that idols were to be handed over to the prime accused Unnikrishnan Potti. It opined that the minutes were necessary to see who are the actual culprits who decided for the handing over.
The President has directed Justice Nisha Banu to assume charge at the Kerala High Court on or before December 20, 2025. It may be noted that the Centre had notified her transfer from the Madras High Court to the Kerala High Court on October 14, 2025.
In a notification issued on December 12, the centre said
"The President, after consultation with the Chief Justice of India, is pleased to direct Smt. Justice J. Nisha Banu, Judge, Madras High Court to assume charge of her office in the Kerala High Court on or before 20.12.2025".