Kerala High Court Weekly Round-Up: February 19 - February 25, 2024

Update: 2024-02-26 06:15 GMT
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Nominal Index [Citations: 2024 LiveLaw (Ker) 120-134]Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw (Ker) 120K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 121 Lini v State of Kerala 2024 LiveLaw (Ker) 122 Arifa PK v. State of Kerala 2024 LiveLaw (Ker) 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw (Ker)...

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Nominal Index [Citations: 2024 LiveLaw (Ker) 120-134]

Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw (Ker) 120

K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 121 

Lini v State of Kerala 2024 LiveLaw (Ker) 122 

Arifa PK v. State of Kerala 2024 LiveLaw (Ker) 123 

Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 124 

Bethsaida Hermitage & Tourism (P) Ltd Versus State Tax Officer 2024 LiveLaw (Ker) 125 

T.D.Sreejakumari v Union Bank Of India 2024 LiveLaw (Ker) 126 

The State of Kerala & ors. v. K Aravindakshan Pillai 2024 LiveLaw (Ker) 127 

Johny Kunnumpurath House V State of Kerala 2024 LiveLaw (Ker) 128 

XXX v State of Kerala 2024 LiveLaw (Ker) 129 

Greeshma @ Sreekutty v. The Deputy Superintendent of Police and ors. 2024 LiveLaw (Ker) 130 

KK Krishnan v. State of Kerala & ors. 2024 LiveLaw (Ker) 131 

MP Chothy v. Anilkumar & anr. 2024 LiveLaw (Ker) 132 

K Mohandas v State of Kerala 2024 LiveLaw (Ker) 133 

State of Kerala v Sudheer Kumar 2024 LiveLaw (Ker) 134

Judgments/Orders this week

Kerala HC Closes Plea Against Allegedly Objectionable Title Of 'Thankamani' Movie, Says CBFC Evaluation & Final Certification Still Pending

Citation: 2024 LiveLaw (Ker) 120

Case title: Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board

Case number: WP(C) 2199/2024

Justice Devan Ramachandran stated that the writ petition was filed anticipating an action over the title of the movie, but the CBFC has not granted final certification for the movie yet. 

“That said, when the Censor Board undertakes before this Court that they will verify the cinematographic movie, to ensure that all statutory requirements are fully complied with, it can only imply that the objections raised by the writ petitioner in this writ petition will also seize their mind appropriately”, stated the Court. 

The Court was hearing a plea relating to a new movie starring actor Dileep titled Thankamani which is based on a real-life incident that occurred in Thankamany village in Idukki district, in October 1986. 

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Citation: 2024 LiveLaw (Ker) 121

Case title: K C Ramachandran v State of Kerala & Connected Matters

Case number: Crl.A Nos. 172, 174, 176, 177, 178, 179, 180, 339, 403, 892 of 2014 and Crl.Appeal (Victim) No.571 of 2015

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 (punishment for murder) and Section 120B (criminal conspiracy) . It also sets aside the acquittal of the 10th and 12th accused and convicted them also under Sections 120B read with Section 302 IPC. The Court has directed the production of the accused before the Court for sentencing on February 26, 2024, at 10.15 am. The acquittal of other accused was also confirmed today.

T P Chandrasekharan, who was a member of the Communist Party of India, Marxist, [CPI (M)] formed a new political party called the Revolutionary Marxist Party (RMP). According to the prosecution case, to wreck vengeance for the loss of the C.P.I (M) candidate at the Vatakara constituency in the Lok Sabha election, he was hacked to death on a public road on May 4, 2012.

Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father

Citation: 2024 LiveLaw (Ker) 122

Case title: Lini v State of Kerala

Case number: BAIL APPL. NO. 594 OF 2024

Justice Sophy Thomas granted custody of the baby to the father for the time being since the mother was still undergoing psychiatric treatment post-delivery due to mental strain. The custody of the child was given to the father based on a report submitted by the Child Welfare Committee.

“The custody of the child will be with the de facto complainant/father and his relatives for the time being. Child Welfare Committee, Palakkad has to supervise the welfare of the child while in the custody of the de facto complainant/father and his relatives and shall file periodic report to the jurisdictional court, once in two months”,stated the Court.

State's Fundamental Duty To Ensure Citizens' Benefits Aren't Delayed: Kerala HC Orders Govt To Disburse Payment Under National Family Benefit Scheme

Citation: 2024 LiveLaw (Ker) 123

Case Title: Arifa PK v. State of Kerala 

Case Number: WP(C) No. 16642 of 2023 

The Kerala High Court has directed the State government to disburse the eligible amount under National Family Benefit Scheme to a woman nearing 60 years age, stating that it is the State's fundamental duty to ensure that citizens are granted their benefits without any delay. 

I am persuaded to issue this direction because, it is conceded unequivocally that the sanction for the said payment has already been authorised,” a single judge bench of Justice Devan Ramachandran said.

The petitioner submitted the plea after failing to receive the amount under the scheme.

Constitute Committee To Make Recommendations On Compensation/ Restoration Of Agricultural Land To Kavalappara Landslide Victims: Kerala HC To Govt

Citation: 2024 LiveLaw (Ker) 124

Case title: Kuttiyali v State of Kerala & Connected Matters

Case number: WP(C) Nos.15943/2021, 15947/2021, 15952/2021, 15964/2021, 15978/2021, 15995/2021

The Kerala High Court has directed the government to constitute a High Level Committee, chaired by the Principal Secretary of the Revenue Department, along with experts from the fields of Geology, Hydrology, Agriculture and Disaster Management to make recommendations and offer relief to the victims of the Kavalappara landslide. The Court stated that the High Level Committee would be constituted within two months.

The residents of Kavalappara village approached the High Court seeking restoration of their land to its original position for resuming agricultural operations or seeking compensation for agriculture losses due to the landslide in 2019. 

Justice Devan Ramachandran stated that residents of the village would be heard by the High Level Committee and they would make a recommendation to the government regarding the restoration of lands or disbursement of adequate compensation.

Yoga And Meditation Charges Are Subjected To Tax Under Kerala Tax On Luxuries Act: Kerala High Court

Citation: 2024 LiveLaw (Ker) 125

Case Title: Bethsaida Hermitage & Tourism (P) Ltd Versus State Tax Officer

Case No.: OP (TAX) No. 14 Of 2023

The Kerala High Court has held that yoga and meditation charges are subjected to tax under the Kerala Tax on Luxuries Act.

The bench of Justice A. K. Jayasankaran Nambiar and Justice Kauser Edappagath has upheld the tribunal's ruling in which the tribunal differentiated between the incomes, allowing certain deductions for the cost of medicines and professional charges related to ayurvedic treatments while including yoga and meditation charges and miscellaneous income in the taxable turnover. The Tribunal's ruling was primarily based on the definitions and exclusions specified under Section 4(2)(e) of the Kerala Tax on Luxuries Act.

Kerala High Court Quashes Order Dismissing Sweeper For Suppressing Higher Qualification, Says State Known For High Literacy Rate

Citation: 2024 LiveLaw (Ker) 126

Case title: T.D.Sreejakumari v Union Bank Of India

Case number: WP(C) NO. 29338 OF 2014

Justice P.V.Kunhikrishnan remarked that Kerala has the highest literacy rate and that most youngsters in Kerala in the new generation would at least have the qualification of 10th standard. The bench also found that the petitioner was not given an opportunity of hearing before concluding that she was guilty of charges alleged against her.

Relying upon the Apex Court decision in Managing Director, ECIL, Hyderbad and others v. B. Karunakar and others (1993), the Court stated that it was illegal to deny an opportunity of hearing to the petitioner to deny the charges levelled against her. 

“From the above dictum laid down by the Apex Court, it is clear that the right to make representation to the disciplinary authority against the finding recorded in the enquiry report is an integral part of the opportunity of defense against the charges and it is a breach of principles of natural justice to deny the said right. The law laid down in this regard should apply to employees in all establishments whether Government or non Government, Public or private. This will be the case even if there are rules governing the disciplinary proceedings or not and whether they expressly prohibit the furnishing of the copy of the report or are silent on the subject”, stated the Court.

Kerala HC Flags 'Callous' Attitude Of Govt Officials In Conducting Litigation In Timely Manner, Suggests State To Enact Law To Avoid Unnecessary Delays

Citation: 2024 LiveLaw (Ker) 127

Case Title: The State of Kerala & ors. v. K Aravindakshan Pillai

Case Number: RSA No. 114 of 2023

The Kerala High Court has recently criticized the conduct of government officials in conducting litigation on time, and requested the government to consider the enactment of legislation to prevent delays in litigation due to the same.

A single judge bench of Justice A. Badharudeen noted the consequences of delays on the part of state officials in conducting litigations in a timely manner. 

The court criticized the negligent attitude of the authorities and stated that “there should be some effective mechanism to realize the loss caused to the Government due to inaction and dereliction by the officials.”

Such instances noted with extreme displeasure, utmost anxiety and seriousness and there should be some effective mechanism to realize the loss caused to the Government due to inaction and dereliction by the officials. Therefore, the appropriate Governments are hereby requested to consider enactment of an exhaustive legislation to deal with this menace, it held.

[S.73 Evidence Act] Courts Can Compare & Verify Disputed Signatures With Admitted Evidence To Arrive At Conclusion Based On Other Supporting Evidence: Kerala HC

Citation: 2024 LiveLaw (Ker) 128

Case title: Johny Kunnumpurath House V State of Kerala 

Case number: CRL.REV.PET NO. 2296 OF 2005

Justice G Girish relying upon various Apex Court decisions stated thus: 

“Though it would be unsafe and improper to decide an issue regarding disputed handwriting, signatures, fingerprints, etc., solely on the basis of the conclusions arrived by the court, by resorting to a comparison of the records on its own accord invoking Section 73 of the Evidence Act, in cases where there are other supportive evidence pointing to such conclusions it is well within the ambit of power of the court to decide the case on the basis of the exercise undertaken by it in that regard as well.”

The petitioner's wife was a captain in the Indian Army who met with an unnatural death. The allegation against the petitioner was that he forged a succession certificate and documents to obtain the insurance amount and other benefits of the deceased wife. 

Postmortem Of Minor Girl Residing With Parents In Police Quarters Reveals She Was Sexually Abused, Kerala High Court Orders CBI Probe

Citation: 2024 LiveLaw (Ker) 129

Case title: XXX v State of Kerala 

Case number: WP(CRL.) NO. 1222 OF 2023

The minor was found lying unconscious in the bathroom of her house in the police quarters on March 29, 2023. While undergoing treatment, she died on May 1, 2023. The FIR No. 344/2023 was registered at the Museum Police Station, Thiruvananthapuram under Section 174 CrPC. Upon post-mortem, it was found that death was due to intracranial haemorrhage. However, it also revealed that the victim was subjected to continuous sexual abuse through vaginal and anal penetrations.

Based on the post-mortem report, another Crime No.377 of 2023 was registered at the Museum Police Station, Thiruvananthapuram under Sections 376DA (punishment for gang rape on woman under sixteen years of age), 376E (punishment for repeat offenders) and 377 (unnatural offences) of the IPC and POCSO Act. Considering the heinous nature of the offences, the investigation was carried out later on by the District Crime Branch.

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

Citation: 2024 LiveLaw (Ker) 130

Case title: Greeshma @ Sreekutty v. The Deputy Superintendent of Police and ors.

Case number: CRL.MC NO. 153 OF 2024

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. 

The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, not being the officer-in-charge of the police station could file a final report under section 173 CrPC. 

Justice Bechu Kurian Thomas observed that the District Crime Branch was a specialized district-level investigative wing that aids with investigating crimes of a sensational nature at the district level. Relying upon the Apex Court decision in State of Bihar and Another v. Lalu Singh (2014), the Court stated thus:

“…it is evident that the head of the investigation team, who is the Deputy Superintendent of Police of the District Crime Branch, Thiruvananthapuram Rural and who was specifically entrusted to conduct the investigation and to ensure the filing of the final report by the District Police Chief was competent to file the final report, being an officer superior in rank to the officer-in-charge of the police station.”

TP Chandrasekharan Case | Sanction U/S 197 CrPC Not Required For Court To Take Action Against Public Servant For Perjury: Kerala High Court

Citation: 2024 LiveLaw (Ker) 131

Case Number: Crl A No. 892 of 2014

Case Title: KK Krishnan v. State of Kerala & ors. 

The Kerala High Court has held that prosecution for perjury can be maintained against a public servant without obtaining prior sanction under Section 197 CrPC, adding that as offences enumerated under Section 195 CrPC are intricately connected with the administration of justice, it is imperative that they be determined by the courts itself.

Misusing Civil Rights Provisions Dilutes Purpose: Kerala HC Declines Relief For Claim That Denial To Enter Office Without Appointment Was 'Untouchability'

Citation: Citation: 2024 LiveLaw (Ker) 132

Case Number: Crl MC No. 9593 of 2023 

Case Title: MP Chothy v. Anilkumar & anr.

The Kerala High Court recently rejected a plea under the Protection of Civil Rights Act, stating that unless the obstruction or annoyance was committed by the accused while the petitioner was exercising any right that accrues to him because of the abolition of untouchability, section 7(1)(b) of the Act would not be attracted.

A mere obstruction or annoyance to a person cannot give rise to the said offence” stated Justice Bechu Kurian Thomas.

The court was hearing a plea where the petitioner, a member of the Scheduled Caste community, was challenging the refusal of the Magistrate to take cognizance of certain offences that were part of the complaint before the magistrate.

Infringes Constitutional Rights Of Tribal People: Kerala HC Quashes GO Allotting Agricultural Land To Encroaching Church 'In Public Interest'

Citation: 2024 LiveLaw (Ker) 133

Case title: WP(C) NO. 20705 OF 2015

Case number: K Mohandas v State of Kerala

The Kerala High Court has stated that encroachers of government land are not entitled to any equity and there is no public interest to assign a property when there is an admitted encroachment. It stated that even if the encroachment was decades back, the state should work to repossess the land unless there is any legal impediment to it.

The petitioners are social workers from the landless tribal community in Wayanad district and have approached the Court seeking direction to the government for facilitating the allocation of residential and agricultural lands to tribal families of Wayanad.

[Tortious Liability Of State] Kerala HC Upholds Compensation To Man Injured In Blast Outside Jail, Emphasises Constitutional Duty Of Care, Foreseeability & Neighbourship

Citation: 2024 LiveLaw (Ker) 134

Case title: State of Kerala v Sudheer Kumar

Case number: RFA NO. 3 OF 2010

The Kerala High Court had upheld the decree of compensation granted to a man who got injured in an explosive attack before the Sub Jail. It observed that the State has a reasonable duty to take necessary precautions when notorious criminals involved in gang rivalry are brought into or taken out of jail.

The State had preferred an appeal against the decree of the Trial Court granting five lakh rupees as compensation to the plaintiff who suffered fifty per cent disability in an explosion at the Attakulangara Sub Jail.

Other Significant Developments This Week

[Masala Bonds Case] Kerala High Court Directs Dy. General Manager, Other Officers From KIIFB To Appear Before ED For Preliminary Inquiry

Justice Devan Ramachandran observed that this is only a preliminary inquiry and there will be no arrest, no interrogation and the proceedings will be video graphed and protected. 

“Resultantly, as an interim measure I permit the DGM (Institutional Finance), KIIFB along with two or three officers to appear before the competent authority and answer to the impugned summons…”, stated the Court 

The Court made this observation in a plea filed by the KIIFB challenging the summons issued by ED in connection with the masala bonds case. A separate plea was also filed by former Finance Minister Dr Thomas Isaac challenging the summons by the ED stating that he was only an individual and no specific allegations were made against him in the summons for taking oral evidence. The Court had not stayed the summons issued by ED against KIIFB and Dr Isaac.

Case title: Kerala Infrastructure Investment Fund Board V Director, Thomas Issac v Deputy Director

Case number: WPC 1377/2024 & WPC 3719/2024

[IT Rules 2021] Kerala HC Asks Central Govt To Explain Role Of 'Intermediary,' After Google Argues Power To Investigate Complaints Is Limited Without Court Orders

Case Title: Aneesh K. Thankachan 

Case No. 36896/ 2022

The Kerala High Court has directed the Union Government to explain the amplitude of duties, responsibilities, and powers of the Intermediary under Rule 3(i)(d) and Rule 3(ii)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 

A single-judge bench of Justice Devan Ramachandran heard the matter.

The petitioner, part of the Marthoma Christian community had moved the court due to being aggrieved by a YouTube video on Marthoma Bishop Rt. Rev. Dr. Euyakim Mar Coorilos, which he alleges created communal disharmony.

Indian Cooperative Credit Society Moves Kerala High Court Over Allegedly Unverified, False Information Published Against It By News Channels

Case name: Indian Cooperative Credit Society Limited v. Union of India and ors.

Case number: 6563/ 2024

The Kerala High Court today admitted a plea moved by the Indian Cooperative Credit Society Limited (ICCSL) against allegedly factually wrong information being published or printed through media regarding it.

Justice Devan Ramachandran admitted the matter and issued notice to the Press Council of India.

The petitioner moved the plea after being aggrieved by the action of the media and news channels in providing the public with information that was allegedly unverified and false.

[Noon-Meal Scheme] No Higher Priority Than This: Kerala HC Directs State To Disburse Funds To Govt Schools For Noon-Meals Given To Students

Case Title: Kerala Pradesh School Teachers' Association & Ors. v. State of Kerala & Anr. 

Case Number: W.P.(C) 29565/ 2023

The Kerala High Court was informed by the Special Government Pleader that the noon meal cooking cost for the month of January 2024 under the Noon-Meal scheme will be made available by the 24th of February, 2024 and the amount will be disbursed after the petitioners, the Kerala Pradesh School Teachers' Association and the Headmasters of certain government and aided schools provided the required data.

The development comes in a plea alleging untimely and inadequate disbursal of funds under the Noon-Meal scheme.

Kerala High Court Stays Summons To WhatsApp India Representative To Identify 'First Originator' Of Alleged Derogatory Message

Case title: Whatsapp LLC Vs Union Of India

Case number: WP (Crl) 186/2024

The Kerala High Court has stayed an order issued by Additional Chief Judicial Magistrate, Thiruvananthapuram directing representative of WhatsApp India to appear in person before it on February 07.

The Magistrate had directed the in-person appearance of the WhatsApp India representative to provide details regarding the 'first originator' of an end-to-end encrypted derogatory WhatsApp message which allegedly outraged the modesty and tarnished the public image of the complainant-woman as a politician. 

The complainant had registered an FIR alleging commission of offences under Section 354 A (1)(iv) IPC, Sections 67 IT Act, Section 120 (o) Kerala Police Act for circulating derogatory messages about her.

[T P Chandrashekaran Murder] Kerala High Court Modifies Judgment, Upholds Conviction Against Two More Accused

Case title: K C Ramachandran v State of Kerala & Connected Matters

Case number: Crl.A Nos. 172, 174, 176, 177, 178, 179, 180, 339, 403, 892 of 2014 and Crl.Appeal (Victim) No.571 of 2015

The Court had earlier had confirmed the conviction of other accused under Section 302 (punishment for murder) and Section 120B (criminal conspiracy). It had also set aside the acquittal of the 10th and 12th accused and convicted them under Sections 120B read with Section 302 IPC.

T P Chandrasekharan, leader of the Revolutionary Marxist Party (RMP) was murdered due to political rivalry on May 4, 2012.

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath today confirmed the conviction against Accused 18 and 31, as held by the Trial Court.

How Long Should Citizens Wait For Their Legitimate Rights? Kerala HC On Govt's Failure To Compensate Hotel Used As Isolation Ward During Covid-19

Case title: R Rajalakshmi v State of Kerala 

Case number: WPC No. 3497/2023

The Kerala High Court today observed that it is distressing that the government has not disbursed maintenance amounts/compensation to persons who gave their buildings to use it as isolation wards and quarantine centres during the Covid-19 lockdown period.

The plea was filed by a woman entrepreneur alleging an "indifferent and passive" attitude of the government in disbursing maintenance charges and damages for her hotel building which was taken over under the Disaster Management Act, 2005 for usage as isolation ward for persons returning from abroad and other States during the lockdown period.

Actor Assault Case: Kerala High Court Directs Sessions Judge To Provide Copy Of Inquiry Report On Memory Card Access To Survivor

Case Title: XXX v. State of Kerala 

Case Number: W.P. (Crl.) 445/ 2022

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case, involving Malayalam actor Dileep, a copy of the report of fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly.

This court never intended that the report should be treated as confidential,” observed Justice K Babu orally.

The court said if the inquiry was completed within the stipulated time, a report copy shall be given to the survivor. “She has a right to know this,” remarked the court. 

Kerala HC Allows Use Of Elephants Only To Push Chariots For Negotiating Curves During Temple Festival, Issues Directions To Ensure No Cruelty

Case title: Mahalakshmi Temple Car Festival Committee V Palakkad District Committee (Festival Monitoring)

Case number: WP(C) NO. 6054 OF 2024

The Kerala High Court has permitted three temples to use elephants to push chariots only for negotiating curves, if required, for temple festivals since it was a centuries-old tradition, subject to compliance with all safeguards and directions by the Court.

The temple committee members approached the High Court seeking permission to deploy services of elephants/tuskers for pushing the chariots in three temples. 

Justice Devan Ramachandran stated that all necessary safeguards have to be followed to ensure that animals are not subjected to any cruelty or excessive fatigue. It also stated that the elephants should be used to push chariots only for negotiating curves, if required, and directed to ensure that the entire weight would not be shifted on them.

Sabarimala : Kerala High Court To Pronounce Judgment On Plea Challenging Appointment Of Only Malayala Brahmins As Melshantis On Feb 27

Case Title: Vishnunarayanan v. The Secretary & Connected Cases

Case Number: WP(C) 26003/ 2017 & Connected Cases

The Kerala High Court will pronounce the judgment on the batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayala Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples on (Tuesday) February 27, 2024, at 4.15 PM. 

The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar had reserved the judgment on August 23, 2023. The judgment which was to be pronounced today has been deferred and will be now pronounced on (Tuesday) February 27, 2024, at 4.15 PM.

PC-PNDT Act: Kerala Woman Moves High Court Against Husband, In-Laws Who Allegedly Gave Her Instructions On How To Conceive 'Good Boy Child'

Case title: A v Union Of India

Case number: WP(C) 6695/2024

A woman has approached the Kerala High Court seeking directions to the Director of Pre-Natal Diagnostic Division and Additional Director (Family Welfare) to conduct an investigation and take appropriate action against her husband, father-in-law and mother-in-law for allegedly giving her instructions on how to conceive a male child.

The woman alleged that she was handed over a note by her husband and his family containing certain 'pre-conception sex selection methods' for conceiving a 'good boy child' and not a girl child on the first day of her marriage itself. She seeks action against them under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

'Killing & Culling Wild Animals Not A Panacea': Kerala HC Suggests State To Formulate Policy To Deal With Growing Human-Animal Conflict

Case Title: M. N Jayachandran & anr. v. Union of India & ors.

Case Number: WP(C) No. 36422 of 2023

The Kerala High Court recently emphasized the need for the Government to formulate a policy to manage human-animal conflict and noted the increasing rate of incidents to point out that a comprehensive policy was required to address the conflict between humans and animals.

“Killing and culling of wild animals, which trespass into human habitat, as the sole method of defence can never be thought of as a panacea” stated Justice Devan Ramachandran.

The court was considering a plea seeking a stay on the implementation of an order issued by the 5th respondent (Chief Conservator and Chief Wildlife Warden) which permitted forest officials to shoot wild pigs that enter into and cause damage to human settlements and agriculture.


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