Forest Department Cannot Deny Soil Excavation Permission To Assignee of Land Just Because It Contains High Levels of Humus: Kerala High Court

The Kerala High Court recently held that the Forest Department cannot deny permission to an assignee of land under the Kerala Land Assignment Special Rules, 1993, to excavate and transport ordinary earth from their land for the purpose of house construction simply because the soil contains high levels of humus.A single bench of Justice N Nagaresh observed that “..defence of the respondents is that the soil excavated at the site has the inherent biological properties of the Forest ecosystem...

Kerala High Court Weekly Round-Up: May 22 To May 28

Nominal Index [Citation: 2023 LiveLaw (Ker) 225-237]Petro David v. State of Kerala, 2023 LiveLaw (Ker) 225Ratheesh Dasan V. State Of Kerala, 2023 LiveLaw (Ker) 226Shantanu Yadav Rao Hire v. State of Kerala & Anr., 2023 LiveLaw (Ker) 227Muhammed Abdulla Sha V State of Kerala, 2023 LiveLaw (Ker) 228PNB Housing Finance Ltd. V. State Of Kerala, 2023 LiveLaw (Ker) 229Unni Mukundan V State...

'Unhealthy, Unscientific & Deleterious Practices To Be Prevented, Even If Done In Name Of Religion': Kerala High Court On Animal Sacrifice

The Kerala High Court recently observed that all unhealthy, unscientific and deleterious practices are to be prevented, even if the same has been done in the name of religion. The Court made the observation while ordering probe against the ritualistic sacrifice of birds and animals at a private residence. Justice V.G. Arun further directed that if it is found that a place of worship for conducting rituals had been constructed, with members of the public participating in it,...

Elephants Should Get Required Rest: Kerala High Court Directs State To Produce Plan For Deployment Of Elephants During Festive Season

The Kerala High Court has directed the Government to place on record a mechanism supported by a statutory scheme for the practical and convenient deployment of elephants during festive season. The Division Bench comprising Acting Chief Justice S.V. Bhatti and Justice Basant Balaji through the issuance of the aforementioned direction, has sought the calendar for each elephant to be used by the temple or organization to be provided therewith, so that the elephant gets the required rest...

Kerala High Court Stays Conduct Of State Boxing Championship Proposed To Be Held By State Amateur Boxing Association

The Kerala High Court on Friday stayed the conduct of the ‘Kerala State Boxing Championship 2023-24’ organised by the Kerala State Amateur Boxing Association proposed to be held between 28th to 30th May.A single bench of Justice P V Kunhikrishnan stayed the Championship in a plea filed by Indian Boxing Coach and Dronacharya Awardee D Chandralal. It was his case that the Kerala State Amateur Boxing Association was a suspended and disaffiliated sports organisation and that a state wide selection...

Centre Notifies Appointment Of Justice SV Bhatti As Chief Justice Of Kerala High Court

The Centre today notified the appointment of Justice SV Bhatti as the Chief Justice of the Kerala High Court. Justice Bhatti is the senior-most Judge from the Andhra Pradesh High Court, who is presently functioning, on transfer as the senior-most judge of the Kerala High Court.On April 19, the Supreme Court Collegium recommended his name as the next Chief Justice of the Kerala High Court.

Kerala High Court Directs State To Consider NGO’s Plea For Appointment Of Chairman Of NRI Commission

The Kerala High Court on Tuesday directed the State to consider the plea of an NGO by the name of Pravasi Legal Cell, for appointing a new Chairman to the Non-Resident Indians (Keralites) Commission, a commission constituted for protecting the interests of Malayalis residing outside of India.A single bench of Justice P V Kunhikrishnan has directed the Principal Secretary of Non-Resident Keralites Affairs to take a decision on the representation of the NGO within 4 months. The Pravasi Legal...

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminatw the pregnancy.The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji on Thursday granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading himself as one of the respondents in the matter, as well as for the issuance of appropriate...

Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court

The Kerala High Court recently held that an employee in service can be transferred on administrative grounds in order to maintain a harmonious atmosphere in office for its smooth functioning.A single bench of Justice Sathish Ninan also observed that departmental action may not be required in light of such transfers as they are not to be considered as punishment, but only a means to maintain a good work environment: “When an employee is transferred to maintain the smooth running of an...

Kerala High Court Issues Direction To Prevent Unauthorized Entry In Ponnambalamedu Area Of Sabarimala

The Kerala High Court on Wednesday directed the Deputy Director, Periyar West Division to prevent unauthorized entry of anyone near Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Deputy Director was further directed to file an affidavit stating the measures that could be taken to prevent such unauthorized entry of persons within 10 days. Certain persons had allegedly trespassed into the sacred 'Kalthara' of Ponnambalamedu, and performed pooja in the protected area....

[Indian Succession Act] Courts Within Kerala Have No Jurisdiction To Issue Probate Or Letter Of Administration Sans State's Authorisation: High Court

The Kerala High Court recently held that unless there is a notification by the State Government as mandated under Section 264(2) of the Indian Succession Act, 1925 no court in the State will have the jurisdiction to issue probate or letters of administration.A single bench of Justice P Somarajan observed that for the State of Kerala no such notification has been issued under the Act thus far. “So far no notification has been issued by the State Government under Section 264(2) of the Act. In...

Kerala High Court Enunciates Broad Principles For Compounding Of Sexual Offences Against Women & Children Upon Compromise With Accused

The Kerala High Court on Wednesday laid down certain broad principles to be borne in mind while considering pleas to quash criminal proceedings involving non-compoundable sexual offences against women and children, upon a compromise between the accused and the victim, invoking Section 482 of the Code of Criminal Procedure. The Single Judge Bench of Justice Kauser Edappagath while hearing a batch of quashing petitions said no straitjacket formula can be formulated as each case is unique, and...