Kerala High Court Weekly Round-Up: April 08 – April 14, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 231-243]Maffiya MK v. Union of India and ors. 2024 LiveLaw (Ker) 231 Dr Athulya Asok v The State Police Chief 2024 LiveLaw (Ker) 232Kerala CBSE School Management Association (Regd) v State of Kerala 2024 LiveLaw (Ker) 233Shankara Narayanan P A v Kerala State Beverages (M And M) Corporation Ltd & Connected cases 2024 LiveLaw (Ker) 234Jayaprakash T v Union Of India & Ors. 2024 LiveLaw (Ker) 235N Prakash v State of Kerala 2024 LiveLaw (Ker) 236Binnesh Babu@ Bineesh Babu v State of Kerala 2024 LiveLaw (Ker) 237Shaji K v State of Kerala 2024 LiveLaw (Ker) 238Adv. M. Swaraj V K. Babu 2024 LiveLaw (Ker) 239Parthasarathi M v State of Kerala & Connected Cases 2024 LiveLaw (Ker) 240Lukose. K.C. Versus Deputy Commissioner 2024 LiveLaw (Ker) 241Prakash N v. GWLP School, Thevayoor South and ors. 2024 LiveLaw (Ker) 242 Kerala State Co-Operative Consumers' Federation Ltd V The Chief Election Commissioner 2024 LiveLaw (Ker) 243Judgements/Orders This WeekCan't Infringe Detainees' Constitutional Rights: Kerala HC Releases Man Whose E-Mail Representation Went To Authority's Spam Folder, Frames GuidelinesCase Citation: 2024 LiveLaw (Ker) 231 Case Title: Maffiya MK v. Union of India and ors.The Kerala High Court has issued guidelines relating to the forwarding of representations of detainees. A division bench consisting of Justice A Muhamed Mustaque and Justice MA Abdul Hakhim clarified that the representations shall be forwarded by all jail superintendents in the following manner:1. Jail superintendents shall forward e-mail copies both in the e-mail address of the detention authority as well as central government. The sponsoring authority immediate on detention order shall forward the relevant e-mail IDs of the concerned to the jail superintendent. Immediately on forwarding the e-mail copies physical copies also shall be forwarded all the authorities concerned.2. The court directed that necessary instructions shall be issued by the DGP of the prison to all jail superintendent in the Jail. DGP shall direct that if any laches on the part of the jail superintendent in following the guidelines in the directions as above will entail in disciplinary actions against such officers.The court was hearing a habeas corpus plea filed by the wife of the detenu challenging his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974.Can't Compel Child To Live With Parent Unacceptable To Him: Kerala HC Allows Child To Stay With Deceased Father's Relatives In Mother's Habeas Plea Citation: 2024 LiveLaw (Ker) 232Case title: Dr Athulya Asok v The State Police ChiefThe Kerala High Court held that a minor child cannot be compelled to live with a parent totally unacceptable to the child while considering a habeas corpus petition filed by the mother seeking custody.The Division Bench comprising Justice Anil K Narendran and Justice G Girishwhile permitting the child to live with his deceased father's relatives stated thus:“If it is found that, in a given case, if an order directing the custody of a child with a parent is likely to be detrimental to the interest of that child, especially when the child is of advanced age, and having considerable maturity in mind to decide his future course of action, it is not possible for this Court to pass an order compelling that child to live with such parent who is totally unacceptable to him.”State Must Delicately Balance Academic Interest Of Child With Right To Recreation: Kerala HC Allows ICSE, CBSE Schools To Conduct Vacation ClassesCitation: 2024 LiveLaw (Ker) 233Case title: Kerala CBSE School Management Association (Regd) v State of KeralaThe Kerala High Court has permitted schools following CBSE, and ICSE Boards (non-KER Schools) to conduct vacation classes between 7.30 AM and 10.30 AM. It further stated that schools following Kerala Education Rules (KER) are bound by the KER Calendar and cannot conduct vacation classes.The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim held thus:"i. The State holds executive power to regulate summer vacation. However, this cannot be done based on the calendar prescribed in KER for non-KER schools. The State will have to balance academic interest of the child and their right to recreational activities in a delicate equilibrium.ii. Taking note of the ensuing vacation, we permit all the schools other than the schools governed by KER calendar to hold vacation classes between 7.30 AM till 10.30 AM. Provided, this arrangement will be subject to future executive orders governing vacation classes.” Workers Paid Gratuity Under Abkari Workers Welfare Fund Act Can't Claim Benefit Under Payment Of Gratuity Act: Kerala High CourtCitation: 2024 LiveLaw (Ker) 234Case title: Shankara Narayanan P A v Kerala State Beverages (M And M) Corporation Ltd & Connected casesJustice Basant Balaji held that Abkari workers and regular Corporation workers come under...

Kerala High Court Weekly Round-Up: April 08 – April 14, 2024

Rubayya Tasneem

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