Kerala High Court Weekly Round Up: May 11 - May 17, 2026

Update: 2026-05-18 06:30 GMT
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Nominal Index [Citations: 2026 LiveLaw (Ker) 252 - 269]Star Health And Allied Insurance Company Limited v. Balakrishnan K.M. and Anr., 2026 LiveLaw (Ker) 252A.K. Baby v State of Kerala and Ors. and connected case, 2026 LiveLaw (Ker) 253C.A. Jaleel v. State of Kerala and Ors., 2026 LiveLaw (Ker) 254Rajesh. K v The Additional District Magistrate and Ors., 2026 LiveLaw (Ker) 255Laiju M S v...

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Nominal Index [Citations: 2026 LiveLaw (Ker) 252 - 269]

Star Health And Allied Insurance Company Limited v. Balakrishnan K.M. and Anr., 2026 LiveLaw (Ker) 252

A.K. Baby v State of Kerala and Ors. and connected case, 2026 LiveLaw (Ker) 253

C.A. Jaleel v. State of Kerala and Ors., 2026 LiveLaw (Ker) 254

Rajesh. K v The Additional District Magistrate and Ors., 2026 LiveLaw (Ker) 255

Laiju M S v The District Collector and Ors., 2026 LiveLaw (Ker) 256

Vijayan P. v. George and Company and Anr., 2026 LiveLaw (Ker) 257

Lifin Sebastian and Anr. v. The District Collector and Ors., 2026 LiveLaw (Ker) 258

Shamseera Parambath v. State of Kerala and Ors., 2026 LiveLaw (Ker) 259

Alkarsf Apparels Pvt. Ltd. and Anr. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 260

Nevil John v. Kerala Water Authority and Ors., 2026 LiveLaw (Ker) 261

N. Rajendran v. State of Kerala and Ors., 2026 LiveLaw (Ker) 262

Harikumar K.K. v. State Election Commission and Ors., 2026 LiveLaw (Ker) 263

Varkey Varghese v Kathreena, 2026 LiveLaw (Ker) 264

Raveendra Panicker v. District Collector and Ors. and connected cases, 2026 LiveLaw (Ker) 265

Eriyad Palli @ Eriyad Mahallu Jama-Ath and Ors. v. Aboobacker K.M. and Ors., 2026 LiveLaw (Ker) 266

Vishnu @ Unni v State of Kerala, 2026 LiveLaw (Ker) 267

Hari Devageeth v. Union of India, 2026 LiveLaw (Ker) 268

Sabu K.S. v. Central Bureau of Investigation and Anr., 2026 LiveLaw (Ker) 269

Judgments/ Orders This Week

Delay In Filing Insurance Claim Can't Defeat Genuine Compensation: Kerala High Court Upholds ₹7.5 Lakh Award To Disabled Toddy Tapper

Case Title: Star Health And Allied Insurance Company Limited v. Balakrishnan K.M. and Anr.

Citation: 2026 LiveLaw (Ker) 252

In a recent judgment, the Kerala High Court refused to set aside a Lok Adalat order that directed an insurance company to pay compensation to a toddy tapper, who was injured in a fall from a coconut tree, even though the order recorded non-submission of insurance claim.

Justice Ziyad Rahman A.A. remarked that writ courts can refuse to interfere with orders with technical discrepancies, if the writ sought to be enforced would affect another person's right to life.

Aided School Manager Cannot Discard Statutory Enquiry Report Exonerating Teacher To Impose Major Penalty: Kerala High Court

Case Title: A.K. Baby v State of Kerala and Ors. and connected case

Citation: 2026 LiveLaw (Ker) 253

The Kerala High Court has reaffirmed that managers of aided schools do not have the authority to disregard the findings of a statutory enquiry officer who exonerates a teacher and thereafter impose a major penalty on their own.

Justice Viju Abraham delivered the judgment while considering a writ petition filed by the manager of an aided school challenging a government order granting service and salary benefits to a retired teacher who had earlier been compulsorily retired from service.

Recourse To Disaster Management Act Can't Be Taken Because Regular Mechanism For Eviction Found To Be Time-Consuming: Kerala High Court

Case Title: C.A. Jaleel v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 254

The Kerala High Court recently passed a judgment whereby it set aside an order passed by the Chairperson of the District Disaster Management Authority that called upon the Secretary of the Panchayat concerned to demolish a dilapidated building.

Justice C. Jayachandran passed the judgment in a petition by a tenant of the building that was under the ownership of the Panchayat.

Indian Road Congress Guidelines Not Binding In Deciding Petrol Pump NOC Applications: Kerala High Court

Case Title: Rajesh. K v The Additional DIstrict Magistrate and Ors.

Citations: 2026 LiveLaw (Ker) 255

The Kerala High Court has held that Indian Roads Congress (IRC) guidelines cannot be treated as mandatory while considering applications for No Objection Certificates (NOCs) for petroleum retail outlets under the Petroleum Rules, 2002.

Justice M.A. Abdul Hakhim delivered the judgment in a writ by a dealer of Petroleum Retail outlet.

Licensed Occupant Of Govt 'Puramboke' Land Can't Be Treated As Encroacher For Denying Rehabilitation Benefits: Kerala High Court

Case Title: Laiju M S v The District Collector and Ors.

Citation: 2026 LiveLaw (Ker) 256

The Kerala High Court has held that a person conducting business on government puramboke land under a valid municipal licence cannot be treated as an “encroacher” for the purpose of denying rehabilitation and resettlement compensation when displaced by a public infrastructure project.

Justice Viju Abraham was delivering the judgment in a writ petition challenging a government order that stated that the petitioner, who owned a bunk shop in a puramboke area with statutory licence is not entitled to the compensation payable to tenants under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act).

Joint Trial For Dishonour Of Multiple Cheques Permissible When Cheques Issued Form Part Of Same Transaction: Kerala High Court

Case Title: Vijayan P. v. George and Company and Anr.

Citation: 2026 LiveLaw (Ker) 257

The Kerala High Court, in a recent decision, has clarified that joint trial of dishonour of multiple cheques is permissible when the cheques in question were issued as part of same transaction.

Justice Johnson John was considering a criminal revision petition filed by the accused in a cheque bounce case challenging the concurrent findings of guilt passed by the trial court and the appellate court.

Kerala High Court Asks Adjacent Land Owners Seeking Gate On Govt Land To Apply Under Land Conservancy Act & Rules

Case Title: Lifin Sebastian and Anr. v. The District Collector and Ors.

Citation: 2026 LiveLaw (Ker) 258

The Kerala High Court recently granted relief to two persons, who wanted to erect a gate on a government property that lied in between their property and the main road, by asking them to approach the Tahsildar concerned with an application as per the Kerala Land Conservancy Act and Rules.

Justice Viju Abraham ruled that a Tahsildar is empowered to grant permit for erecting wall, fence, building, etc. on government property following procedures and conditions in accordance with the Act and Rules.

Contractual Employee Under MGNREG Scheme Can't Be Removed On Vigilance Recommendation By Bypassing Govt Guidelines: Kerala High Court

Case Title: Shamseera Parambath v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 259

In a recent decision, the Kerala High Court held that a contractual employee working under the MGNREG Scheme can be removed only in accordance with the procedure laid down by the guidelines issued by the government.

Justice A. Badharudeen observed that the employee cannot be removed merely on the basis of a recommendation made by the Vigilance and Anti-Corruption Bureau (VACB).

Unregulated Deposits Act | Provisional Attachment Can't Survive Beyond Statutory Period For Filing Confirmation Plea: Kerala High Court

Case Title: Alkarsf Apparels Pvt. Ltd. and Anr. v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 260

The Kerala High Court has held that the provisional attachment under the Banning of Unregulated Deposit (BUDS) Act cannot continue indefinitely and the attachment won't exist beyond the statutory period within which by the Competent Authority is mandated to file a confirmation application before the Designated Court as per Section 14.

Justice Bechu Kurian Thomas delivered the judgment.

Possible Misuse Of Domestic Water Connection No Ground To Deny Benefit Under Statute: Kerala High Court

Case Title: Nevil John v. Kerala Water Authority and Ors.

Citation: 2026 LiveLaw (Ker) 261

The Kerala High Court, in a recent decision, observed that possibility of misuse cannot be a reason to interpret a statutory provision contrary to what is explicitly provided.

Justice Bechu Kurian Thomas was considering a writ petition where the main issue was as to the meaning of the term 'multi stories building' provided under Section 2(xva) of the Kerala Water Supply and Sewerage Act, 1986.

Disaster Management Authority Bound To Pay Rent For All Rooms In Building Taken Over By It, Irrespective Of Occupation: Kerala High Court

Case Title: N. Rajendran v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 262

In a recent ruling, the Kerala High Court has clarified that the Disaster Management Authority is bound to pay rent for all rooms in the building that was taken over by it irrespective of whether or not all the rooms were in its occupation.

Justice Viju Abraham was considering a plea challenging the award passed by the Arbitrator under the Disaster Management Act, 2005 being aggrieved by the quantum of compensation granted to the petitioner in respect of his building requisitioned for institutional quarantine/COVID containment.

Once Election Process Ends, State Election Commission Has No Jurisdiction To Cancel Result: Kerala High Court

Case Title: Harikumar K.K. v. State Election Commission and Ors.

Citation: 2026 LiveLaw (Ker) 263

Recently, the Kerala High Court held that as per Article 243K of the Constitution, the State Election Commission does not have any power to interfere once the election process to the panchayat is over and therefore, it cannot pass an order cancelling election result.

Justice P.V. Kunhikrishnan was considering a plea by the Vice-President electee of Kottungal Grama Panchayat who had contested the election to the panchayat as a candidate of the BJP.

Settlement Deed Clause Divesting Daughter Of Property Upon Marriage Is Void: Kerala High Court

Case Title: Varkey Varghese v Kathreena

Citation: 2026 LiveLaw (Ker) 264

The Kerala High Court has held that a clause in a settlement deed providing that a daughter would lose her rights over gifted property if she married is void as being contrary to law and public policy.

Justice Easwaran S. delivered the judgment in a regular second appeal.

Land Conservancy Act Can't Be Invoked To Evict Alleged Encroachers From Private Temples Properties: Kerala High Court

Case Title: Raveendra Panicker v. District Collector and Ors. and connected cases

Citation: 2026 LiveLaw (Ker) 265

The Kerala High Court, in a recent decision, held that the provisions of the Kerala Land Conservancy Act cannot be invoked to evict alleged encroachers of private temples, which are not coming under the control of the Devaswom Board.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar dismissed a batch of writ petitions that prayed for a direction to the State to remove private persons, who had alleged encroached upon the properties of private temples.

State Waqf Board Orders Must Be Challenged Before Waqf Tribunal; High Court Can Be Approached Only If Tribunal Non-Functional: Kerala High Court

Case Title: Eriyad Palli @ Eriyad Mahallu Jama-Ath and Ors. v. Aboobacker K.M. and Ors.

Citation: 2026 LiveLaw (Ker) 266

The Kerala High Court recently clarified that once a Waqf Tribunal is established by the State, a Muttawalli interest in a waqf or any person aggrieved by an order made under the Waqf Act must approach the Tribunal instead of the High Court.

The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. added that writ jurisdiction of High Court can be invoked only in cases where there is no Tribunal established or the Tribunal is not functioning.

Kerala High Court Upholds POCSO Act Conviction Despite Non-Seizure Of Mobile Used To Show Sexually Explicit Videos To Child

Case Title: Vishnu @ Unni v State of Kerala

Citation: 2026 LiveLaw (Ker) 267

The Kerala High Court recently upheld a man's conviction under the Protection of Children from Sexual Offences (POCSO) Act, despite non-seizure of the mobile phone used to show sexually explicit videos to child, noting that no challenge has been raised regarding the non-seizure, during cross-examination.

Justice A. Badharudeen delivered the judgment in an appeal challenging conviction under Sections 4, 6, 8 and 12 of the POCSO Act, including a charge under Section 11(iii) relating to showing pornographic material to a child.

Kerala High Court Allows Transgender Man To Preserve His Eggs

Case Title: Hari Devageeth v. Union of India

Citation: 2026 LiveLaw (Ker) 268

The Kerala High Court on Friday (May 15) allowed a transgender man to cryopreserve his eggs by permitting him to approach an ART bank of his choice.

Justice Sobha Annamma Eapen pronounced the order.

S. 447 BNSS| High Court Can Be Directly Approached To Transfer Case From One Special Court To Another: Kerala High Court

Case Title: Sabu K.S. v. Central Bureau of Investigation and Anr.

Citation: 2026 LiveLaw (Ker) 269

The Kerala High Court, in a recent decision, held that a person seeking to transfer a case from one Special Court to another Special Court can directly approach the High Court without first approaching the Sessions Court.

Justice A. Badharudeen delivered the judgment.

Other Important Developments This Week

Kerala High Court Refuses To Stay Order Permitting Introduction Of Co-Education In Muslim Girls' School At Erattupetta

Case Title: K.A. Muhammed Ashraf and Anr. v. Muslim Girls' Higher Secondary School and Ors.

Case No: IA No.1/2026 in WA No. 1029 of 2026 (Filing No.)

The Kerala High Court on Tuesday (May 12) refused to stay a judgment that directed the Secretary of Erattupetta Municipality to grant approval for introducing co-education scheme in Muslim Girls' Higher Secondary School, Erattupetta— a girls-only school.

The Vacation Bench of Justice A. Badharudeen and Justice Muralee Krishna S. was considering a leave petition to file writ appeal preferred by two persons including one K.A. Muhammed Ashraf, who has also filed another writ petition (W.P.(C) No. 13677 of 2026) assailing the introduction of co-education in the school.

Mahindra Thar Roxx Owner Moves Kerala High Court Seeking Law To Regulate Vehicle Sales & Services

Case Title: TGN Kumar v. State of Kerala and Ors.

Case No: WP(PIL) 100/2026

The Kerala High Court on Tuesday (May 12) issued notice to Chairman & Managing Director of Mahindra & Mahindra Ltd. and to the Chief Executive Officer of Valayat Mahindra Service Centre (Maradu) in a public interest litigation filed by a Mahindra Thar Roxx owner seeking enactment of a proposed 'Kerala Motor Vehicles Sales and Services Regulation' Act and Rules.

The Vacation Bench of Justice A. Badharudeen and Justice Muralee Krishna S., issued the notice.


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