Citations: 2026 LiveLaw (Ker) 370 - 2026 LiveLaw (Ker) 382Nominal IndexSugathan R v. State of Kerala and Others, 2026 LiveLaw (Ker) 370Vinu K.S. and Anr. v. Veena Viswan, 2026 LiveLaw (Ker) 371Muhammed J.I. and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 372Sharestates, Inc. v. Prasad Choorakuzhiyil Gopalan & Others, 2026 LiveLaw (Ker) 373Tenny Joppen v. State of Kerala and...
Citations: 2026 LiveLaw (Ker) 370 - 2026 LiveLaw (Ker) 382
Nominal Index
Sugathan R v. State of Kerala and Others, 2026 LiveLaw (Ker) 370
Vinu K.S. and Anr. v. Veena Viswan, 2026 LiveLaw (Ker) 371
Muhammed J.I. and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 372
Sharestates, Inc. v. Prasad Choorakuzhiyil Gopalan & Others, 2026 LiveLaw (Ker) 373
Tenny Joppen v. State of Kerala and Anr., 2026 LiveLaw (Ker) 374
Sinana Farvin v. Kerala Gramin Bank and Ors., 2026 LiveLaw (Ker) 375
Vasantha K and Anr. v Kerala State Road Transport Corporation and Ors., 2026 LiveLaw (Ker) 376
Farasha Shabnam v. State of Kerala and Ors. and connected cases, 2026 LiveLaw (Ker) 377
Union of India v. Jose N.M. and Ors., 2026 LiveLaw (Ker) 378
Sukumaran P.N. v. Vimal K. Charles and Ors., 2026 LiveLaw (Ker) 379
Vinod Valiyatoor and Ors. v. State of Kerala, 2026 LiveLaw (Ker) 380
K.P. Chandramohan and Anr. v. State of Kerala and Ors. and connected cases, 2026 LiveLaw (Ker) 381
Cholamandalam Investment and Finance Company Limited and Anr. v. Azhar K.M., 2026 LiveLaw (Ker) 382
Judgements/Orders This Week
Case Title: Sugathan R v. State of Kerala and Others
Citation: 2026 LiveLaw (Ker) 370
The Kerala High Court on Monday (13 July) directed the State to enable detained Thiruvananthapuram Councillor Sugathan R, to take oath of office from inside the Prison.
Justice P.V. Kunhikrishnan passed the order on a petition moved by the BJP Councillor detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).
"Since the petitioner is detained under the KAAPA, this Court cannot release the petitioner to attend the swearing-in ceremony," the Court said. However, adding that "in a Democracy, the people's mandate is to be respected," it allowed him to take the oath inside the jail.
Case Title: Vinu K.S. and Anr. v. Veena Viswan
Citation: 2026 LiveLaw (Ker) 371
The Kerala High Court has held that courts adjudicating matrimonial disputes cannot presume that a bride entrusted her gold ornaments or money to her husband or in-laws merely on the basis of prevailing social customs or general practices.
Observing that assumptions drawn from past precedents may no longer reflect contemporary realities, the Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. underscored that claims for return of gold or cash must be founded on proved facts—oral, documentary or circumstantial—from which entrustment and subsequent misappropriation can reasonably be inferred.
Case Title: Muhammed J.I. and Ors. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 372
The Kerala High Court on Tuesday (July 14) dismissed the plea preferred by 5 persons accused of the murder of SFI leader Abhimanyu, seeking to stay the trial pending before the Sessions Court, Ernakulam.
Abhimanyu was stabbed to death in 2018 during a campus political rivalry at Maharaja's College in Ernakulam. Presently, trial is pending before the Sessions Court against 16 accused (Accused Nos. 1 to 16) whereas investigation is ongoing against 10 accused (Accused Nos. 17 to
Justice G. Girish refused to halt the trial against the 16 accused.
Case Title: Sharestates, Inc. v. Prasad Choorakuzhiyil Gopalan & Others
Citation: 2026 LiveLaw (Ker) 373
The Kerala High Court recently clarified that foreign advocates cannot examine or cross-examine witnesses before a court-appointed advocate commissioner in India.
Justice Mohammed Nias C.P. observed that recording of evidence before a Commissioner is a litigious act, forming part of the practise of law in India, from which the foreign lawyers stand excluded.
Case Title: Tenny Joppen v. State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 374
The Kerala High Court on Wednesday (July 15) removed the name of Tenny Joppen, who was a staff of former Chief Minister late Oommen Chandy, from the list of accused in the solar scam case.
The case arose out of a complaint made by businessman Sreedharan Nair, who claimed to have been cheated of Rs. 40 lakhs, by prime accused Saritha S. Nair and Biju Radhakrishnan. Joppen was accused of facilitating the crime.
Justice C.S. Dias allowed the plea filed by Joppen seeking to quash the criminal proceedings initiated against him in the case, after noting that the case has been amicably settled.
Case Title: Sinana Farvin v. Kerala Gramin Bank and Ors.
Citation: 2026 LiveLaw (Ker) 375
The Kerala High Court has sounded a note of caution for young lawyers frequently appearing in bank account-unfreezing cases.
Justice M.A. Abdul Hakhim observed that while such litigation appears to offer “effortless practice and assured orders”, many such cases are linked to cyber fraud.
Case Title: Vasantha K and Anr. v Kerala State Road Transport Corporation and Ors.
Citation: 2026 LiveLaw (Ker) 376
The Kerala High Court has reaffirmed that while a second wife in a void marriage is not entitled to the service and pensionary benefits of a deceased government employee, the children born from such a relationship are legitimate under the Hindu Marriage Act and are entitled to an equal share in the employee's death-cum-retirement benefits and family pension, till the age of majority.
Justice Shoba Annamma Eapen delivered the judgment in a writ petition seeking to resolve a dispute over the terminal benefits of a KSRTC employee who died while in service.
Case Titles: Farasha Shabnam v. State of Kerala and Ors. and connected cases
Citation: 2026 LiveLaw (Ker) 377
In a recent decision, the Kerala High Court permitted three CBSE students to upload their revalued marks on the KEAM (Kerala Engineering Entrance Examination) portal amid controversy surrounding errors in the evaluation by the Board.
Justice Bechu Kurian Thomas granted relief to the students by invoking the extraordinary jurisdiction under Article 226 of the Constitution, after taking note of the exceptional circumstances, including delayed publication of their revalued marks.
Case Title: Union of India v. Jose N.M. and Ors.
Citation: 2026 LiveLaw (Ker) 378
The Kerala High Court recently set aside the compensation granted by the Railway Claims Tribunal to the children of a deceased train passenger, who was hit by another train while he was walking on railway track.
Justice S. Manu noted that the deceased was a passenger of Maveli Express whereas he was hit by another train, Antyodaya Express. Since he was hit by a train in which he was not a bona fide passenger, the strict liability would not be attracted, the judge reasoned. He took the view that since it is an offence to trespass on railway track, which the deceased had done, compensation cannot be granted.
Case Titles: Sukumaran P.N. v. Vimal K. Charles and Ors.
Citation: 2026 LiveLaw (Ker) 379
The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010.
Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.
Kerala High Court Upholds Order Directing FIR Against Three Police Officers In Ponnani Rape Case
Case Title: Vinod Valiyatoor and Ors. v. State of Kerala
Citation: 2026 LiveLaw (Ker) 380
The Kerala High Court on Friday (July 17) dismissed the plea preferred by three police officers challenging a Magistrate order directing registration of FIR against them in relation to the Ponnani rape case.
Justice Jobin Sebastian upheld the order of the Magistrate, which had acted upon a private complaint preferred by a lady.
Case Title: K.P. Chandramohan and Anr. v. State of Kerala and Ors. and connected cases
Citation: 2026 LiveLaw (Ker) 381
The Kerala High Court has declared the Kerala Minerals (Vesting of Rights) Act 2021 as unconstitutional, holding that the State cannot vest ownership of privately owned mineral rights in itself without providing compensation or complying with the constitutional safeguards under Article 300A.
A Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K., delivered the judgment in a batch of writ appeals challenging the validity of the 2021 Act and the demand for royalty from landowners— for granite extracted from the land prior to 2021 Act. The single judge had upheld the constitutionality of the law.
Procedural Interim Orders Not Appealable Under Section 5 Of Kerala High Court Act: Kerala High Court
Case Title: Cholamandalam Investment and Finance Company Limited and Anr. v Azhar K M
Citation: 2026 LiveLaw (Ker) 382
The Kerala High Court has reiterated that a purely procedural interim order passed by a Single Judge does not qualify as an appealable order under Section 5(i) of the Kerala High Court Act, 1958, unless it substantially affects the rights or liabilities of the parties.
A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. delivered the judgment in a writ appeal filed by Cholamandalam Investment and Finance Company Ltd.
Other Developments This Week
A letter has been addressed to Chief Justice of the Kerala High Court Soumen Sen, seeking intervention for expeditious final hearing of a writ petition concerning access to exorbitantly priced life-saving, patented breast cancer medicine.
The letter is written by Jyotsna Singh and K.M. Gopakumar, co-convenors of the Working Group on Access to Medicines and Treatment, pointing to the delay in hearing the case and seeking administrative action.
2017 Actress Rape Case: Kerala High Court Refuses To Suspend Sentence Of Pulsar Suni
Case No: Crl.M.Appl. No.1/2026 in Crl.A No.130 of 2026
Case Title: Sunil N.S. @ Pulsar Suni v. State of Kerala
The Kerala High Court has dismissed the plea preferred by Sunil N.S. @ Pulsar Suni seeking to suspend the sentence imposed on him in the 2017 Actress rape case.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar on Thursday (July 9) heard detailed arguments advanced by Senior Advocate Sasthamangalam S. Ajithkumar appearing for Suni as well as the Special Public Prosecutor V. Aja Kumar and Advocate Vrinda Grover for the survivor.
Kerala High Court Requests Retired Judge To Chair Prison Monitoring Committee
Case Title: Suo Motu v. The State of Kerala and Ors.
Case No: WP(C) 13064/ 2026
The Kerala High Court on Monday (July 13) requested retired High Court judge Justice R. Narayana Pisharadi to accept chairmanship of the State Level Monitoring Committee, to be constituted to oversee implementation of Supreme Court's directions with regard to prison conditions in the State.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a suo motu writ petition initiated over prison-related issues in the State in line with recent directions of the Apex Court.
Former Kerala University Standing Counsel Thomas Abraham Resigns Amid Challenge To VC's Appointment Of Successor
Case No: WP(C) 22287/2026
Case Title: Dr. Manoj T.R. v. University of Kerala and Ors.
The Kerala High Court was on Monday (July 13) informed that the former standing counsel for the University of Kerala, Advocate Thomas Abraham, has submitted his resignation.
Justice Bechu Kurian Thomas was considering the plea challenging the unilateral appointment of Advocate Girija Gopal as standing counsel for the University by its Vice-Chancellor after removing Advocate Thomas, who was appointed by the Syndicate in 2016.
Case No: WP(C) 25158/2024 and WP(C) No. 25129 of 2024
Case Title: Suo Motu v. Union of India and Ors. and connected case
The Kerala High Court on Tuesday (July 14) sought the response of the Transport Commissioner as well as the officer concerned in the Union Ministry of Road Transport regarding the issue of unauthorised light fittings and other modifications on vehicles.
The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. today viewed in open court certain video clips showing vehicles fitted with strobe lights—permitted only for emergency service vehicles—as well as other unauthorised fittings.
MSC Elsa 3 Sinkage: Kerala High Court Asks Centre If Navy Can Be Deployed To Assess Environmental Impact Of Wreckage On Seabed
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 on Tuesday (July 14) asked the Centre to consider whether the Indian Navy's expertise can be deployed to explore the wreckage lying in the seabed following the sinkage of MSC Elsa 3 ship and to determine its present status.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that the report of the Amicus Curiae had mentioned that the Indian Navy also possesses demonstrable deep-diving ROV (Remote Operated Vehicle) and salvage expertise.
Aadhaar Not Mandatory For Digi Yatra Registration If Other ID Proof Available: Kerala High Court's Prima Facie View
Case Title : C .R. Neelakandan v. Union of India and Ors.
Case No: WP(PIL) 15/ 2026
The Kerala High Court on Wednesday (15 July) expressed a prima facie view that Aadhaar details should not be made mandatory for registration on the Digi Yatra platform, if a passenger can establish their identity through any other valid government issued identity proof.
The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M made the observations while considering a PIL filed alleging potential risks in the collection, storage and processing of sensitive passenger data at airports across India.
Case Title: In Re Exorbitant Pricing of Life Saving Patented Medicines
The Kerala High Court on Wednesday (July 15) sought expert opinion on whether Palbociclib, a cheaper drug that is no longer under patent and is also locally manufactured, can be used as a substitute to patented Ribociclib and Abemaciclib, for treating breast cancer.
Justice Harisankar V. Menon suo motu impleaded the National Cancer Institute (Jhajjar), Chittaranjan National Cancer Institute (Kolkata), the Regional Cancer Centre (Thiruvananthapuram) and the Drugs Controller General of India and issued notice to them.
Case No: WP(PIL) 12/ 2026
Case Title: R.S. Sasikumar v. State of Kerala and Ors.
The Kerala High Court on Wednesday (15 July) directed the Kerala University to place on record the decision of its Syndicate regarding the proposed measurement of land in the University's possession.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M, issued the direction, while considering a Public Interest Litigation preferred by the ex-Joint Registrar of the varsity, challenging the assignment of the University's land to AKG Centre for Research and Studies in the year 1977.
Case No: WP(PIL) 135/2026 and connected case
Case Title: Assembly of Christian Trust Services (ACTS) v. State of Kerala and Ors. and connected cases
The Kerala High Court on Wednesday (July 15) passed an order restraining the State Waqf Board from taking any major decisions until the controversy regarding its present constitution is resolved.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. today prima facie found that the Board is not constituted in accordance with Section 14 of the Unified Waqf Management, Empowerment, Efficiency, and Development Act 1995 due to the absence of 2 non-Muslim members and one Shia member.
Case No: Con.Case (C) No. 908 of 2025
Case Title: Kadakampally Manoj v. Mohammed Hanish and Anr.
The Kerala High Court on Wednesday (July 15) reserved its verdict on whether to accept the unconditional apology tendered by IAS officer K. Biju, who is in charge of Kerala's Cashew Development department or to proceed with contempt proceedings against him.
Justice A. Badharudeen orally remarked:
"For the time being, I am taking the matter for orders. Whether the apology is to be accepted or rejected...to proceed further taking note of the very very serious nature of allegations raised against the court, which should not have been made by an officer having 17 years of standing, and the intention to give accused himself a copy for it to be published in a press conference is to malign the integrity of the court, independence of judiciary and also threat the court...we are not ready to be subject-matter of judicial scrutiny or we not ready to accept the orders of the court, we will decide in accordance with our whims and fancies."
Case Title: Suo Motu v. The State of Kerala and Ors.
Case No: WP(C) 13064/ 2026
The Kerala High Court on Thursday (16 July) ordered the Director General of Prisons and Correctional Services to take immediate steps for setting up of the Office of the State Level Monitoring Committee, constituted to oversee implementation of Supreme Court's directions with regard to prison conditions in the State.
The Court has directed that the office be set up in Ernakulam District, in consultation with the Member Secretary KeLSA (Kerala Legal Service Authority), within two weeks.
The directions were issued by the Division bench of Chief justice Soumen Sen and Justice Syam Kumar V.M, when it was informed that retired High Court Judge Justice R. Narayana Pisharadi had accepted to be the Chairperson of the Committee.
2026 Wayanad Landslide Was “Foreseen”, DDMA Had Issued Five Warnings: Amicus Tells Kerala High Court
Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala v. State Of Kerala
Case Number: WP(C) 28509/ 2024 & Connected Cases
The 2026 Wayanad landslide which struck the Kalladi tunnel construction site was "foreseen", the Kerala High Court was told on Friday.
"The Kalladi disaster of 07.07.2026 was not unforeseen; it was foreseen, in writing, five times over," Senior Advocate Renjith Thampan, acting as amicus curiae in the High Court's ongoing suo motu proceedings on disaster management, said in his report before a Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K.
Case No: Con.Case (C) No. 908 of 2025
Case Title: Kadakampally Manoj v. Mohammed Hanish and Anr.
The Kerala High Court on Friday (July 17) recorded its satisfaction regarding the legality of the order passed by K. Biju IAS, Secretary, Forest and Cashew department, Government of Kerala, granting sanction to CBI to prosecute K.A. Ratheesh and R. Chandrasekharan— allegedly corrupt ex-officers of the State Cashew Development Corporation (KSCDC).
Justice A. Badharudeen heard detailed arguments by the counsel for the IAS, standing counsel for the CBI, and the special government pleader.
Case No: WP(Crl.) 968/2026
Case Title: Adv. K.M. Shajahan v. State of Kerala and Ors.
The Kerala High Court has directed the Home Department's Principal Secretary to decide on grant of sanction under Section 17A Prevention of Corruption (Amendment) Act, to conduct an enquiry into a corruption allegations against senior police officers including, State Police Chief Ravada Chandrasekhar IPS, S. Sreejith IPS, Biswanath Sinha IAS and P. Sasi.
Justice A. Badharudeen passed the order in a petition alleging that these officials were involved in the illegal appointments of bodybuilders Shinu Chova and Chitharesh Natesan as inspectors in the police department.
Case Nos: Crl.A 2337/ 2025 and connected matters
Case Titles: Saleem H @ Vadival Salim v. State of Kerala and connected matters
The Kerala High Court on Friday (July 17) heard the sentence suspension pleas of H. Saleem (A5) and C. Pradeep (A6), who were convicted in the 2017 Actress Rape case.
They were each awarded a 20-year term by the District and Sessions Court, Ernakulam in the verdict passed in December 2025.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar today heard detailed arguments advanced by Advocate K.V. Sabu appearing for Saleem and Pradeep, Special Public Prosecutor Aja Kumar on behalf of the State and Advocate Vrinda Grover, who appeared for the survivor.