Kerala High Court Weekly Round-Up: April 13 - April 19, 2026

Nominal Index [Citations: 2026 LiveLaw (Ker) 196 - 207]Suo Motu v. State of Kerala and Ors., 2026 LiveLaw (Ker) 196Swami Saranam Enterprises and Anr. v State of Kerala and Ors., 2026 LiveLaw (Ker) 197United India Insurance Company Ltd. v. E.G. Sahadevan and Ors., 2026 LiveLaw (Ker) 198Clara Dominic v. Tomy Eapen and Ors., 2026 LiveLaw (Ker) 199All Kerala Bar Hotels & Restaurant Employees Association (CITU) v State of Kerala and Ors., 2026 LiveLaw (Ker) 200Shaji v. Soman and Anr., 2026 LiveLaw (Ker) 201Shahir Basheer v. State of Kerala, 2026 LiveLaw (Ker) 202Bipha Drug Laboratories Pvt. Ltd. v Kerala State Electricity Board and Ors., 2026 LiveLaw (Ker) 203Joju George and Ors. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 204P. Lakshmikutty Amma and Ors. v V.K Indira and Anr., 2026 LiveLaw (Ker) 205Prasanth P. Kumar and Anr. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 206Suresh v State of Kerala and Ors., 2026 LiveLaw (Ker) 207Judgments/ Orders This Week'Cochin Devaswom Board Duty-Bound To Ensure Basic Facilities To Devotees': Kerala High Court Calls For Proper Management Of 409 TemplesCase Title: Suo Motu v. State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 196The Kerala High Court, in a recent order, remarked that the Cochin Devaswom Board has the duty to ensure basic amenities like sufficient toilets, safe drinking water, etc. to the devotees of the 409 temples managed by it.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu devaswom board petition initiated on the basis of a complaint submitted by the Convenor of Sree Kurumbamma Bhakthajana Samithi, Kodungallur regarding issues of inadequate facilities for devotees of the temple.Kerala High Court Refuses Permission To Sell 'Compostable' Plastic Bottles At Sabarimala, Says They're Not BiodegradableCase Title: Swami Saranam Enterprises and Anr. v State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 197The Kerala High Court has held that a product classified as “compostable” under Plastic Waste Management Rules, 2016 cannot simultaneously be treated as “biodegradable,” either scientifically or legally.The Division Bench of Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, were examining the legality of introducing PLA-based (polylactic acid) water bottles at Sabarimala.Motor Accidents | Absence Of Badge Not Breach Of Policy For Autorickshaw Driver, Insurer Liable To Compensate: Kerala High CourtCase Title: United India Insurance Company Ltd. v. E.G. Sahadevan and Ors.Citation: 2026 LiveLaw (Ker) 198The Kerala High Court, in a recent judgment, clarified that since there is no need for separate badges to drive autorickshaws if drivers hold valid licenses, absence of badge is not a fundamental breach of insurance policy conditions.Justice M.B. Snehalatha held that in such circumstances, the insurer is liable to compensate and it does not have the right to recover from the registered owner the compensation paid under the 'pay and recovery' principle. Withdrawal Slip Drawn On Co-operative Society Engaged In Banking Activities Qualifies As 'Cheque' U/S 6 NI Act: Kerala High CourtCase Title: Clara Dominic v. Tomy Eapen and Ors.Citation: 2026 LiveLaw (Ker) 199The Kerala High Court has recently held that a withdrawal slip drawn on a cooperative society, which is engaged in banking activities, falls within the definition of 'cheque' as provided under Section 6 of the Negotiable Instruments Act.Justice C.S. Dias held that cooperative societies performing banking functions can be considered as 'banker' as per Section 3 NI Act and therefore, withdrawal slips drawn on such societies would partake the character of cheques as defined under the Act.Kerala High Court Disposes PIL On Bar Timings After Stakeholder Meet Resolves Labour ConcernsCase Title: All Kerala Bar Hotels & Restaurant Employees Association (CITU) v State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 200The Kerala High Court has disposed of a public interest litigation (PIL) challenging recent amendments to liquor regulations affecting bar hotel working hours, after noting that the concerns raised had been substantially addressed through a government led stakeholder consultation.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. was hearing a petition filed by the All Kerala Bar Hotels & Restaurant Employees Association (CITU).Insurer Must Compensate Gratuitous Passenger Injured In Motor Accident But Can Recover Amount From Owner: Kerala High CourtCase Title: Shaji v. Soman and Anr.Citation: 2026 LiveLaw (Ker) 201The Kerala High Court in a recently ruling clarified that an insurance company cannot be exonerated from the liability to pay compensation in motor accidents claims cases when the injured person is a gratuitous passenger on a goods vehicle.Relying on Kaminiben & Ors v. The Oriental Insurance Company Limited & Ors., Justice M.B. Snehalatha observed that the insurer is entitled to recover the amount ...

Kerala High Court Weekly Round-Up: April 13 - April 19, 2026

Anamika MJ

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