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

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...

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

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...

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

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. The dispute arose from a 1965 settlement deed executed by a father in favour of his daughter. The deed transferred 10 cents...

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

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.According to the plea,...

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

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...

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

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...

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

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,...

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

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...

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

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.The petitioner, who had obtained a Letter of Intent from...

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

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 observed:“The failure to file...

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

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).The Court...

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

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,...