Kerala High Court Weekly Round-Up: May 12 – 18, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 269 - 278]Muhammed Rafsal v Union of India and Others,2025 LiveLaw (Ker) 269Vinson M. Paul v State of Kerala and Another, 2025 LiveLaw (Ker) 270V.T. Jinu & another v. State of Kerala & others, 2025 LiveLaw (Ker) 271Prakash Sankar v. BSNL and others, 2025 LiveLaw (Ker) 272P. Sankaran Namboothiri v. Kerala State Financial Enterprises Ltd....

S.6 Kerala Education Act | Appointment Of Manager Void If Property Of Aided School Is Alienated Without Govt Approval: High Court

The Kerala High Court recently found that the appointment of a manager by the owner after receiving title of property of an aided school was void under S. 6 of the Kerala Education Act since no previous permission was obtained from the government before obtaining the title.In a Writ Appeal preferred by the teachers of the said aided school, the Division Bench comprising of Justice A....

Order 11 Rule 1 CPC | Plea For Interrogatories Can't Be Used To Make Roving Inquiry, 'Test Of Prejudice' Will Decide Its Merit: Kerala High Court

The Kerala High Court has recently observed that a subsequent or second application seeking to deliver interrogatories to a party is not barred when there is a subsequent cause of action or changed circumstances.For context, interrogatories are written questions which one party can ask the other party to get clarity on facts, after taking permission from the court. Justice K Babu dismissed...

Public Information Officer Not Legally Bound To Start Investigative Process U/S 7 Of RTI Act: Kerala High Court

The Kerala High Court in a recent decision held that the Public Information Officer does not have any power or duty under section 7 of the Right to Information Act, 2005 to open up an investigation while processing and disposing RTI Applications.The judgment was passed by Justice N. Nagaresh while hearing a Writ Petition seeking a direction against the respondents to approve the appointment...

Service Law | Charge Memo Must Contain Date And Time Of Occurrence, Use Of Phrases Like 'On Many Occasions' Vague: Kerala High Court

The Kerala High Court recently held that it is not permissible to hold a departmental enquiry on vague charges that use words like 'on many occasions' and 'in almost all' in the memo of charge that is not brief, pointed or in clear terms.While hearing a Writ Petition challenging the departmental enquiry and dismissal of an employee of the KSFE, Justice P. M. Manoj held that charges should...

Temple Managed By Trust, Administrator Appointed By HC: Kerala High Court Declines Plea To Let Devaswom Board Take Charge Of Oachira Temple

The Kerala High Court dismissed a petition filed by a devotee of Oachira Parabhrama Temple seeking Court direct the Travancore Devaswom Temple to assume administration of the temple.The Temple, as of now, is under the management of the Oachira Parabrahma Trust. A suit was filed before the Additional District Court – I, Kollam for framing a scheme for the administration of the temple....

Lok Adalats Don't Have Inherent Power Of Review On Merits U/S 22D Legal Services Authorities Act: Kerala High Court

While hearing a Writ Petition before it, the Kerala High Court held that Section 22D of the Legal Services Authorities Act, 1987 does not grant the power of review on merits to Permanent Lok Adalats established under the Act.The Writ Petition was preferred challenging the decision of the Lok Adalat, which found that it does not have the power of review under Section 22D of the Act to...

S.70 BSA Cannot Dilute Mandatory Provisions For Proving A 'Will' Laid Down U/S 63(c) Indian Succession Act: Kerala High Court

The Kerala High Court has held that the aiding provision of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 or the corresponding Section 71 of the Indian Evidence Act cannot be resorted to by the propounder of a Will by diluting the mandatory provisions under Section 63(c) of the Indian Succession Act.Justice M.A. Abdul Hakim clarified the position of law while hearing a second appeal...

CIC Appointed Prior To 2019 RTI Amendment Act Entitled To Pensionary Benefits Equivalent To Retired Supreme Court Judge: Kerala High Court

The Kerala High Court quashed State Government's letter to the former State Chief Information Commissioner (SCIC) informing him that he cannot be given pensionary benefits equivalent to a retired Supreme Court Judge.The Principal Secretary had informed the former SCIC that the State was not in a position to consider the Chief Information Commissioner at par with the retired Supreme Court...

S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC

The Kerala High Court refused to entertain a revision petition filed by a public servant seeking to quash a Special Court order framing charges against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for want of prosecution.The Court upheld the order on the grounds that Section 197 CrPC sanction is not required since the allegations were not in...

Kerala High Court Orders Renewal Of Passport Despite Pending Interpol Red Corner Notice Against Applicant

The Kerala High Court recently ordered the re-issuance or renewal of passport against a person against whom red corner notice issued by the Interpol was pending.The petitioner had approached the High Court against the denial of the authorities in re-issuing/ renewing his passport. The petitioner in the case was convicted in Qatar in 2020. There is a red corner notice against him on account...

Kerala High Court Weekly Round-Up: May 5 – 11, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264State of Kerala and Another...