Kerala High Court Weekly Roundup: April 27 - May 03, 2026

Nominal Index [Citations: 2026 LiveLaw (Ker) 226 - 231] XXX and Anr. v. Union of India and Ors., 2026 LiveLaw (Ker) 226The Manager, Majlis English Medium School and Anr. v The Deputy Labour Commissioner and Anr., 2026 LiveLaw (Ker) 227Danikutti Philip v. Johnykutty J. and Anr., 2026 LiveLaw (Ker) 228Sudheer. S and Anr. v State of Kerala and Ors., 2026 LiveLaw (Ker) 229Mini Sunny v. Thuravoor Grama Panchayat and Ors., 2026 LiveLaw (Ker) 230Muslim Girls' Higher Secondary School v. State of Kerala and Ors., 2026 LiveLaw (Ker) 231Judgments/ Orders This WeekKerala High Court Upholds Age Limits Under Surrogacy Act, Says It's Scientifically JustifiedCase Title: XXX and Anr. v. Union of India and Ors.Citation: 2026 LiveLaw (Ker) 226The Kerala High Court recently dismissed a writ petition that challenged the constitutional validity of the age limit prescribed by the Surrogacy (Regulation) Act, 2021 on intending couples.Justice M.B. Snehalatha remarked that the upper age limit is scientifically justified and it is not arbitrary or discriminatory.Denial Of Additional Time To Lead Evidence Not A Violation Of Natural Justice To Invoke Writ Jurisdiction: Kerala High CourtCase Title: The Manager, Majlis English Medium School and Anr. v The Deputy Labour Commissioner and Anr.Citation: 2026 LiveLaw (Ker) 227The Kerala High Court has held that alleged procedural lapses such as denial of additional time to adduce evidence, do not automatically justify bypassing statutory appellate remedies to approach High Court under Article 226 of the Constitution.Justice Gopinath P was delivering the judgment in a writ petition filed by Majlis English Medium School challenging an order of the Controlling Authority under the Payment of Gratuity Act, 1972.Cheque Dishonour | S.138 NI Act Not Attracted If Part Payment Is Not Endorsed On Cheque Presented: Kerala High CourtCase Title: Danikutti Philip v. Johnykutty J. and Anr.Citation: 2026 LiveLaw (Ker) 228The Kerala High Court has clarified that the offence under Section 138 of the Negotiable Instruments Act, 1881 can be attracted in cases where part payment has been done only if the presented cheque has recorded indorsement of such payment.Justice A. Badharudeen clarified the position of law after relying on Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel and Another:Local Authority Can't Deny Citizen's Constitutional Right To Establish Industrial Unit Due To Unfounded Public Resistance/ Protest: Kerala HCCase Title: Sudheer. S and Anr. v State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 229The Kerala High Court has recently observed that local authorities cannot deny statutory and constitutional rights to establish industrial units merely due to protests lacking factual or legal basis.Justice P.V. Kunhikrishnan, made the observation while delivering a judgment in a writ petition filed by two entrepreneurs whose licensed hot mix plant project had been stalled for years due to resistance from a section of local residents.Drying Rubber Sheets In Smoke House Not 'Manufacture', No Panchayat Licence Needed: Kerala High CourtCase Title: Mini Sunny v. Thuravoor Grama Panchayat and Ors.Citation: 2026 LiveLaw (Ker) 230The Kerala High Court, in a recent decision, held that mere drying of latex sheet in a smoke house does not amount to 'manufacture' and therefore, the same does not require licence from the panchayat.Justice P.M. Manoj observed that since there is no new or different commodity coming out during smoking of latex sheets, the same would not be 'manufacture' and licence is not required. Moreover, the allegation in the petition is not that sheets are being stored or sold but only dried; therefore, licence would not be required, the Court opined.Kerala High Court Questions Circular Mandating Local Body Approval For Introducing Co-Education In Single Gender SchoolsCase Title: Muslim Girls' Higher Secondary School v. State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 231The Kerala High Court recently questioned a government circular that mandates approval of local-self body for introducing co-education scheme in single gender schools since it prescribes no procedure that has to be followed by the body.Justice K.V. Jayakumar was considering a writ petition filed by Muslim Girls' Higher Secondary School, Erattupetta challenging a government circular that insists on local body approval for introducing co-education in single-gender schools.Other Important Developments This WeekAdvocate AK Preeta Sworn In As Additional Judge Of Kerala High CourtAdvocate Preeta Aravindan Krishnamma has sworn in as an Additional Judge of the Kerala High Court on Monday (April 27). Kerala High Court Issues Notice On Plea Against Blocking of MediaOne's Facebook PageCase Title: Madhyamam Broadcasting Limited v Facebook India Online Service Private Limited and Ors.Case No: WP(C) 15985/ 2026The Kerala High Court on Tuesday (28 April) issued notice on a plea filed by Madhyamam Broadcasting Limited,...

Kerala High Court Weekly Roundup: April 27 - May 03, 2026

Anamika MJ

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