LiveLaw Kerala High Court Weekly Round-Up: September 28 - October 04, 2026

Nominal Index

In Re Exorbitant Pricing of Life Saving Patented Medicines, 2026 LiveLaw (Ker) 528

All India Digital Cable Federation and Anr. v. Union of India and Ors., 2026 LiveLaw (Ker) 529

A and Anr. v S, 2026 LiveLaw (Ker) 530

Mohammed Kasim H.K v Union Territory of Lakshadweep and Anr., 2026 LiveLaw (Ker) 531

Suo Motu v State of Kerala and Ors., 2026 LiveLaw (Ker) 532

Muhammed Nihad @ Thoppi v. State of Kerala, 2026 LiveLaw (Ker) 533

Akash M.V and Ors. v. State of Kerala, 2026 LiveLaw (Ker) 534

Unaiz Kadumbottil and Anr. v. Union of India and Ors., 2026 LiveLaw (Ker) 535

Kerala Police Association v The State of Kerala, 2026 LiveLaw (Ker) 536

X and Anr. v. State of Kerala, 2026 LiveLaw (Ker) 537

George Balu and Ors. v. State of Kerala and Baddevolu Priyanka and Ors. v. State of Kerala, 2026 LiveLaw (Ker) 538

Dinesh Menon v. State of Kerala and Ors., 2026 LiveLaw (Ker) 539

Raslin v Kurudankandi Shameer and connected cases, 2026 LiveLaw (Ker) 540

S.J.R. Kumar v The Travancore Devaswom Board and Ors., 2026 LiveLaw (Ker) 541

S v A and Ors., 2026 LiveLaw (Ker) 542

Praveen Sodharan and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 543

X and Anr. v. Kochi Municipal Corporation, 2026 LiveLaw (Ker) 544

Judgments/ Orders This Week

Centre Can Invoke S.100 Patents Act To Make Exorbitantly Priced Patented Drugs And Sell On Non-Commercial Basis: Kerala High Court

Case Title: In Re Exorbitant Pricing of Life Saving Patented Medicines

Citation: 2026 LiveLaw (Ker) 528

The Kerala High Court on Monday (September 28) held that Section 100 of the Patents Act can be invoked by the Central government to use a patent to manufacture the medicine covered by it and sell it to a person, including a needy patient, on a non-commercial basis.

The court ruled the provision may be invoked where government intervention is required, including when a patented medicine is being sold at an exorbitant price

Justice Harisankar V. Menon delivered the verdict in a suo motu plea on exorbitant pricing of patented life-saving drugs.

Plea Before Kerala High Court Challenging Centre's TV Rating Policy Clause On Landing Page Viewership Withdrawn

Case Title: All India Digital Cable Federation and Anr. v. Union of India and Ors.

Citation: 2026 LiveLaw (Ker) 529

The Kerala High Court on Monday (September 28) permitted the petitioners to withdraw a plea challenging the proviso to Clause 5.4.1 of the TV Ratings Policy 2026 issued by the Ministry of Information & Broadcasting (MIB).

Justice Bechu Kurian Thomas today noted that a memo for withdrawing the plea has been filed by the petitioners, All India Digital Cable Federation (AIDCF) and DEN Network Ltd.

Domestic Violence | In-Laws Can't Be Roped In Without Material Showing Shared Household With Complainant: Kerala High Court

Case Title: A and Anr. v S

Citation: 2026 LiveLaw (Ker) 530

The Kerala High Court has held that the existence of a domestic relationship is a foundational requirement for bringing a person within the ambit of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act).

Justice Jobin Sebastian was considering a petition seeking to quash proceedings initiated under the PWDV Act.

Accidental 'Saffron Down' Display Of National Flag Not Offence Without Intent To Insult: Kerala High Court

Case Title: Mohammed Kasim H.K v Union Territory of Lakshadweep and Anr.

Citation: 2026 LiveLaw (Ker) 531

The Kerala High Court has held that accidental 'saffron down' display of National Flag does not attract prosecution under Section 2 of the Prevention of Insults to National Honour Act, 1971 as the required intention or mens rea is absent.

Justice A. Badharudeen was delivering the judgment in a petition to quash the criminal proceedings pending against the petitioner for offence punishable under Section 2 of the Prevention of Insults to National Honour Act.

Sabarimala Melsanthi Selection: Kerala High Court Appoints Former Judge VG Arun As Observer, Seeks Video Recording Of Proceedings

Case Title : Suo Motu v State of Kerala and Ors.

Citation : 2026 LiveLaw (Ker) 532

The Kerala High Court on Tuesday (September 29) appointed former high court judge Justice V.G. Arun as an 'observer' to oversee the selection process for the Melsanthies of the Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple for the year 1202 ME (2026-27).

A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar passed the order in a suo motu proceeding arising from the Sabarimala Special Commissioner's report concerning the selection process.

Kerala High Court Grants Anticipatory Bail To YouTuber Thoppi, Says No Obscene Or Sexually Coloured Remarks Directly Made By Him

Case Title: Muhammed Nihad @ Thoppi v. State of Kerala

Citation: 2026 LiveLaw (Ker) 533

The Kerala High Court on Monday (September 28) granted anticipatory bail to controversial Malayalam gamer/Youtuber Toppi, officially known as Muhammed Nihad, who is booked for allegedly live-streaming obscene remarks about a young woman on streaming platforms.

Dr. Justice Kauser Edappagath observed that there were no obscene words or sexually coloured remarks spoken about the complainant and allowed the bail plea.

Shuhaib Murder Case: Kerala High Court Refuses To Transfer Trial, Directs Court To Ensure Accused Get Full Opportunity To Cross-Examine Witnesses

Case Title: Akash M.V and Ors. v. State of Kerala

Citation: 2026 LiveLaw (Ker) 534

The Kerala High Court on Tuesday (September 29) dismissed the transfer petition filed by the accused persons in the Shuhaib murder case seeking to transfer the trial from Additional Sessions Judge-III, Thalassery to another competent court.

Justice C.S. Dias dismissed the transfer petition.

Pakistani National Married To Indian Citizen Has No Vested Right To Seek Visa: Kerala High Court

Case Title: Unaiz Kadumbottil and Anr. v. Union of India and Ors.

Citation: 2026 LiveLaw (Ker) 535

The Kerala High Court recently held that a foreign national does not have a right for consideration of her visa application to India merely because she is married to an Indian citizen.

Justice Bechu Kurian Thomas dismissed the writ petition filed by a married couple, one of whom was a Pakistani national, who wanted to enter India to attend her brother-in-law's wedding.

Kerala High Court Quashes Govt Order Abolishing Police Officers' Association, Says It Violates Article 19(1)(c) Rights

Case Title: Kerala Police Association v The State of Kerala

Citation: 2026 LiveLaw (Ker) 536

The Kerala High Court on Tuesday (29 September) allowed a petition challenging the government order that restructures police personnel associations.

Justice Bechu Kurian Thomas quashed the impugned orders.

Kerala High Court Allows Couple To Continue IVF Treatment After Crossing ART Act Age Limit Upon Undertaking To Bear All Risks

Case Title : X and Anr. v. State of Kerala

Citation: 2026 LiveLaw (Ker) 537

The Kerala High Court, in a recent decision, permitted a married couple to continue IVF treatment even though one of them had crossed the statutory age limit prescribed by Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.

Justice Harisankar V. Menon took note of Punjab and Haryana High Court decision relied on by the couple wherein in a similar situation, the couple over the age limit was permitted to continue treatment upon undertaking to bear all the risks.

'National Waste': Kerala High Court Says PG Doctors Can't Be Left Idle Without Posting; 1-Year Bond Runs From Result Date

Case Titles: George Balu and Ors. v. State of Kerala and Baddevolu Priyanka and Ors. v. State of Kerala

Citation: 2026 LiveLaw (Ker) 538

The Kerala High Court recently held that the mandatory period of senior residency for medical professionals, who did their post-graduation from Government Medical Colleges, starts immediately upon completion of course and not the actual posting date.

Justice Viju Abraham observed:

“the obligation of a post-graduate students like the petitioners herein as per the Board condition is only from the date of publication of result for a period of one year. The period of Senior Residency as a bonded obligation has to start from the date of publication of the result irrespective of whether a posting could be granted soon after the publication of the result or thereafter. It is ordered accordingly.”

Kerala High Court Asks Assembly Speaker To Take Steps To Decide On MLA Mani C Kappan's Disqualification

Case Title: Dinesh Menon v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 539

The Kerala High Court on Thursday (October 1) directed the Speaker of the Legislative Assembly of Kerala to take appropriate steps in accordance with law on the question of disqualification of Pala MLA Mani C. Kappan following his conviction in 4 cheque cases.

Justice Bechu Kurian Thomas today heard detailed arguments by Advocate V. Sethunath for the petitioner, the Advocate General K. Jaju Babu and Senior Advocate Santosh Mathew for Kappan.

Kerala High Court Declares Wife Exclusive Owner Of Property Bought In Joint Name With Husband Using Her Father's Money

Case Title : Raslin v Kurudankandi Shameer and connected cases

Citation: 2026 LiveLaw (Ker) 540

The Kerala High Court has recently declared a woman exclusive owner of a property bought in joint names with her husband, using her father's money.

A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment while partly allowing an appeal filed by the woman seeking rights over a residential property purchased in her and her husband's joint names.

Kerala High Court Directs Sabarimala Devaswom Board To Ensure Prasadam Materials Conform To Temple Customs

Case Title : S.J.R. Kumar v The Travancore Devaswom Board and Ors.

Citation: 2026 LiveLaw (Ker) 541

The Kerala High Court has recently directed the Travancore Devaswom Board (TDB) to exercise due care while procuring materials for the preparation of Nivedyam and Prasadam at Sabarimala and to ensure that the materials are in conformity with the prescribed quality standards as well as religious customs and requirement applicable to the Temple.

A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar made the observation while disposing of a writ petition by a devotee of Lord Ayyappa, who had challenged the procurement of Halal-certified jaggery for preparing offerings, including Aravana and Unniyappam.

DNA Test Of Child Can't Be Ordered Routinely Without Prima Facie Proof Of Non-Access Between Spouses: Kerala High Court

Case Title : S v A and Ors.

Citation : 2026 LiveLaw (Ker) 542

The Kerala High Court has held that a DNA test cannot be ordered as a matter of course merely on the basis of an allegation disputing the paternity of a child born during the subsistence of a valid marriage.

Justice Jobin Sebastian made the observation while dismissing a criminal miscellaneous case challenging the refusal of the Judicial First Class Magistrate Court, Wadakkanchery, to direct DNA examination of a minor child in proceedings under the Protection of Women from Domestic Violence Act, 2005.

Case Against Brothel Operators, Customers Can't Be Quashed Merely Because Women Allegedly Exploited Have No Grievance: Kerala High Court

Case Title : Praveen Sodharan and Ors. v. State of Kerala and Ors.

Citation : 2026 LiveLaw (Ker) 543

The Kerala High Court recently refused to quash criminal proceedings against persons, who had allegedly run a brothel and rendered assistance for its running, even though the women allegedly subjected to the sexual exploitation stated that they had no grievance.

Justice Jobin Sebastian observed that the offences under the special enactment of Immoral Traffic (Prevention) Act, 1956 cannot be quashed.

Kerala High Court Asks Legislature To Reconsider DNA Test Requirement For Correcting Father's Name In Birth Records Where Paternity Is Undisputed

Case Title : X and Anr. v. Kochi Municipal Corporation

Citation: 2026 LiveLaw (Ker) 544

The Kerala High Court has asked the legislature to re-consider the statutory mandates under the Registration of Births and Deaths Act (1969) and the Rules (1999) requiring DNA test reports, notarized agreements, court order, etc. while applying for correction in father's name in birth records in cases where paternity is undisputed.

Justice P.V. Kunhikrishnan delivered the judgment.

Other Developments This Week

AMMA Row: Kerala High Court Issues Notice To Ansiba Hassan In Lakshmi Priya's Plea To Quash Intimidation FIR

Case Title: Lakshmi Priya and Anr. v. State of Kerala

Case No: Crl.MC 6988/ 2026

The Kerala High Court on Monday (September 28) issued notice to actress Ansiba Hassan in a plea filed by actor Lakshmi Priya and her husband seeking to quash a criminal intimidation case initiated against them based on Hassan's complaint.

Justice Jobin Sebastian was considering the plea preferred by Lakshmi Priya and husband Jayesh, who are arrayed as the 1st and 2nd accused in the crime registered before the Hill Palace Police Station. The 3rd accused in the case is a woman Sub-Inspector of Vanitha Cell, Tripunithura.

Fare-Based Revenue Model Of Private Buses Incentives Overspeeding, Racing: Kerala High Court Calls For Structural Reforms

Case Title: Clemance Thottappilly v. State of Kerala

Case No: WP(C) No. 15090 of 2020

The Kerala High Court recently observed that unscientific timing and the current economic model of private bus operations are leading to racing and overspeeding, which in turn, are causing road safety issues.

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar issued a slew of directions to improve road safety in the State and called for a structural reform of private bus operations.

Kerala High Court Refuses Interim Relief Against Withholding Of 7 Documentaries From Film Festival Screening

Case Title: Kerala State Chalachitra Academy v Union of India and Ors.

Case No: WP(C) 33115/ 2026

The Kerala High Court on Monday (28 September) denied permission to provisionally screen seven films in the 18th International Documentary and Short Film Festival of Keralam (IDSFFK).

Justice Bechu Kurian Thomas denied the permission to provisionally screen the films while considering a petition by Kerala State Chalachithra Academy.

Adoption | KeLSA Proposes Legal Aid For Children, Post-Adoption Support, Financial Responsibility Of Adoptive Parents After Dissolution

Case Title: X v The Union of India and Ors.

Case No: WP(C) 6428/ 2025

The Kerala State Legal Services Authority's Victim Rights Centre (VRC) submitted a report before Kerala High Court on Thursday (25 September) proposing amendments to Adoption Regulations 2022, seeking stronger safeguards for children during adoption, post-adoption interventions and proceedings for adoption dissolution.

Justice Shoba Annamma Eapen was considering a writ petition by a single mother seeking dissolution of adoption.

CMRL Exalogic Case: Kerala High Court Reserves Verdict On Plea Seeking Vigilance FIR Against Pinarayi Vijayan, Kin

Case Title: Adv. K.M. Shajahan v. State of Kerala and Ors.

Case No: WP(Crl.) 1476/ 2026

The Kerala High Court on Tuesday (September 29) reserved its verdict in the plea to register FIR incorporating offences under the Prevention of Corruption Act against Leader of Opposition Pinarayi Vijayan, his daughter Veena and son-in-law Mohammed Riyas in the case.

Justice A. Badharudeen heard detailed arguments by petitioner's counsel V. Sethunath, Advocate General K. Jaju Babu as well as the standing counsel for the Directorate of Enforcement (ED).

Kerala High Court Directs Backward Classes Development Secretary To File Affidavit On Steps Taken For Socio-Economic Caste Survey

Case Title: Minority Indians Planning and Vigilance Commission Trust v Jatin Chopra and Ors.

Case No: Con. Case(C) 2097/ 2026

The Kerala High Court has directed the Secretary of the Department of Backward Classes Development to file an affidavit detailing the steps taken towards conducting a socio-economic caste survey in the State.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order in a contempt case.

Kerala High Court Rule Committee Decided To Delete Rule On “Tom-Tom” Proclamation During Property Attachments: HC PIO

The Rule Committee of the Kerala High Court has resolved to delete the rule under the Code of Civil Procedure relating to “tom-tom” proclamation during property attachment.

The development came to light in a reply given by the High Court's Public Information Officer to a query made by Boban Mattumantha under the Right to Information Act. In the reply, the PIO has stated that Rule Committee has decided to delete sub-rule (2) of Order XXI Rule 54 CPC, which deals with the proclamation.

Process Initiated To Constitute State Waqf Board, Would Be Completed In 2 Weeks: Kerala Govt Tells High Court

Case Title: Assembly of Christian Trust Services (ACTS) v. State of Kerala and Ors. and connected cases

Case No: WP(PIL) 135/2026 and connected cases

The Kerala government on Wednesday (September 30) submitted before the High Court that the process to constitute the State Waqf Board has been initiated and would be completed within 2 weeks.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. recorded the submission of the Advocate General that the process has been completed and is awaiting Cabinet decision and approval.

Kerala High Court Pushes Electronic Service, Dedicated Police Officers To Speed Up Criminal Cases Against MPs/MLAs

Case Title : Suo Motu v State of Kerala and Anr

Case Number : OP(Crl.) 448/ 221

The Kerala High Court on Tuesday (29 September) directed strict adherence to a series of recommendations aimed at expediting the disposal of pending criminal cases registered against sitting and former Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) in the State.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the directions while considering a a suo motu petition registered in 2021 complying with the directions of the Supreme Court in Ashwini Kumar Upadyay v. Union of India [W.P.(C) No. 699 of 2016] so as to monitor the progress of pending criminal cases against sitting/former MPs and MLAs.

2019 Rash Driving Case: Kerala High Court Stays Trial Against IAS Officer Sreeram Venkitaraman

Case Title: Jaseela C. v. State of Kerala and Ors.

Case No: WP(Crl.) 1485/2026

The Kerala High Court on Thursday (October 1) stayed the criminal trial in the 2019 rash driving case against IAS officer Sriram Venkitaraman that resulted in the death of journalist K.M. Basheer.

The allegation is that a vehicle driven at high speed by Venkitaraman ran over Basheer at Museum Junction in Thiruvananthapuram in 2019.

Justice G. Girish granted the interim stay in a plea preferred by Basheer's widow Jaseela, being aggrieved by the rejection of her request to appoint Advocate Santhosh Kumar as Special Public Prosecutor to conduct the trial.