Kerala High Court Weekly Round-Up: April 22 – April 28, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 256-270]Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 256 Jasmin K v State Bank of India 2024 LiveLaw Ker 257Adv K Praveen Kumar v The Election Commission of India 2024 LiveLaw Ker 258Jose Joseph and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 259 Thomas @ Manoj EJ v. Indu S 2024 LiveLaw Ker 260 Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr. 2024 LiveLaw Ker 261Groupl Services Private Limited vs Dr. Sunil Vsudevan and Anr. 2024 LiveLaw Ker 262Avani Bansal v The Election Commission of India 2024 LiveLaw Ker 263Varkala Kahar v. The Election Commission of India and Ors. 2024 LiveLaw Ker 264 Dr. M. R. Saseendranath V State of Kerala 2024 LiveLaw Ker 265State of Kerala v Narendra Kumar & Another 2024 LiveLaw Ker 266Nijo Varghese v Transport Commissioner 2024 LiveLaw Ker 267Cherplassery Co-Operative Hospital Ltd v State of Kerala 2024 LiveLaw Ker 268Modern Food Enterprises Private Limited Versus Union Of India 2024 LiveLaw Ker 269P. Gopalakrishnan @ Dileep v. XXXX 2024 LiveLaw Ker 270Judgements/Orders This WeekValidity Of Orders Not Tested On Basis Of Gain/Loss To Exchequer: Kerala HC Rejects Challenge To Govt Order Granting Preference In Tender Process To Labour SocietiesCase Citation: 2024 LiveLaw Ker 256 Case Title: Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. Case Number: WA No. 44 of 2021, WP(C) No. 23696 of 2023, WP(C) No. 16921 of 2023The Kerala High Court has rejected a petition challenging the government orders that grant preference to labour contract societies, stating that the “focus of the executive order, though ultimately related to the award of the contract, is essentially a focus to promote community interest consistent with the policies of the welfare State. Therefore, individual contractors cannot claim parity of treatment with co-operative entities".The court went on to add that "in the absence of any fundamental right that can be claimed by the individual contractors, the rest is a matter of State policy and where no parity can be claimed as the object of differentiation is not in recognising individual interest but rather the larger community interest”. A division bench consisting of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen heard the matter.Secured Creditor Can't Proceed Under SARFAESI Act Following Dismissal Of Civil Suit For Recovery On Merits: Kerala High CourtCitation: 2024 LiveLaw Ker 257Case Title: Jasmin K v State Bank of IndiaCase Number: WP(C) NO. 11797 OF 2018The Kerala High Court has held that a secured creditor cannot proceed with recovery measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act after it chose to file a civil suit seeking recovery of dues, which got dismissed.Justice Easwaran S. stated that the Bank cannot initiate recovery proceedings by ignoring the civil court's judgement that there was no legally recoverable debt. “….once an adjudication by the civil court has taken place ending in dismissal of the suit finding that there is no debt due from her, necessarily, it has to be held that the secured creditor is disentitled from proceeding further with measures under the Securitisation Act, since there is no legally recoverable debt.”In the facts of the case, the Court found the civil suit was adjudicated and dismissed on the finding that there were no pending dues.[General Elections 2024] All Safety Measures Taken To Ensure Free And Fair Elections In All Constituencies Across India: ECI Tells Kerala High CourtCitation: 2024 LiveLaw Ker 258Case Title: Adv K Praveen Kumar v The Election Commission of IndiaCase Number: WP(C) 15968/2024The Election Commission of India filed a statement dated April 18, 2024 as an undertaking before the Kerala High Court stating that all safety measures and steps have been taken to ensure a free and fair election in all the parliamentary constituencies in India, including Vadakara parliamentary constituency.The statement was filed by the ECI in a writ petition filed by Advocate Praveen Kumar, the Chief Election Agent of Indian National Congress candidate Shafi Parambil alleging voter fraud at the instance of the Communist Party of India (Marxist), in the Vadakara parliamentary constituency. The writ petition was thus filed seeking video recording of the polling process and deployment of central forces in the Vadakara constituency, where the polling is set for the 26th of this month. Justice Shoba Annamma Eapen disposed of the writ petition on the undertaking filed by the ECI and observed thus:“Accordingly, the writ petition is disposed of recording the statement dated 18.04.2024, the communication dated 18.04.2024 and the undertaking of the learned Standing Counsel that they will strictly follow the aforesaid arrangements, while conducting the election scheduled to be held on 26.04.2024.”[Lok...

Kerala High Court Weekly Round-Up: April 22 – April 28, 2024

Rubayya Tasneem

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