Nominal Index

Thomas v. K.K. Mohanan, 2026 LiveLaw (Ker) 435

Sabu Stephen v. Union of India, 2026 LiveLaw (Ker) 436

X v. State of Kerala, 2026 LiveLaw (Ker) 437

Dr. Kirit Somaiya v. Ziqitza Health Care Ltd. and Anr. and connected case, 2026 LiveLaw (Ker) 438

Save A Family Plan India v. Union of India and Ors. & Kerala Social Service Forum v. Union of India and Ors., 2026 LiveLaw (Ker) 439

Cleetus E.P. v. State of Kerala and Ors., 2026 LiveLaw (Ker) 440

Simy S. v. Bar Council of Kerala and Ors., 2026 LiveLaw (Ker) 441

Fr. Thomas Pulayath v. St. Tomas Orthodox Syrian Church Cherukkunnam and connected matters, 2026 LiveLaw (Ker) 442

The St. Joseph's Boys Higher Secondary School v. The State of Kerala and Ors., 2026 LiveLaw (Ker) 443

State of Kerala and Anr. v. Harishkumar and Anr. & connected case, 2026 LiveLaw (Ker) 444

Adarsh S.R. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 445

Srimad Samyamindra Thirtha Swamiji v. Raghavendra Thirtha Swami, 2026 LiveLaw (Ker) 446

Mammen Mathew and Ors. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 447

Judgments/ Orders This Week

Mediated Settlement Agreement Between Landlord & Tenant For Payment Of Rent Arrears Is Executable: Kerala High Court

Case Title: Thomas v. K.K. Mohanan

Citation: 2026 LiveLaw (Ker) 435

The Kerala High Court recently held that a compromise agreement entered into between a landlord and a tenant regarding payment of arrears of rent during a court-referred mediation is executable before a civil court having pecuniary jurisdiction.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. observed that the compromise agreement is in the nature of a decree passed by the Lok Adalat as per Section 21 of the Legal Services Authorities Act, 1987 and that when it is recorded in the rent control court's order, the same also partakes the character of an executable decree.

Kerala High Court Urges Govt To Consider Special Welfare Measures For Living Freedom Fighters, Directs Creation Of Data Portal

Case Title: Sabu Stephen v. Union of India

Citation: 2026 LiveLaw (Ker) 436

The Kerala High Court on Tuesday (11 August) urged the Centre and State Government to consider creating a special welfare measures for living freedom fighters, in recognition of their contributions and sacrifices during India's freedom struggle.

The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the direction in a public interest litigation (PIL) seeking measures for the welfare and recognition of freedom fighters who are still alive.

Mother Can't Settle POCSO Case Registered Against Father For Sexually Assaulting Minor Daughter: Kerala High Court

Case Title: X v. State of Kerala

Citation: 2026 LiveLaw (Ker) 437

The Kerala High Court recently observed that the mother of a minor cannot settle or compromise the criminal case initiated against the father for sexually assaulting or sexually harassing their minor daughter.

Dr. Justice Kauser Edappagath denied bail to a man, who was arrested for sexually assaulting his minor daughter, and refused to accept that the case has been compromised.

Ambulance Scam Defamation Case: Kerala High Court Sets Aside ₹5L Award Against BJP Leader Kirit Somaiya, Remands Case

Case Title: Dr. Kirit Somaiya v. Ziqitza Health Care Ltd. and Anr. and connected case

Citation: 2026 LiveLaw (Ker) 438

The Kerala High Court has set aside the ₹5 lakhs compensation awarded to Ravi Krishna, who is the son of former Minister of Overseas Indian Affairs, and his company in the defamation suit filed against BJP leader Dr. Kirit Somaiya relating to the Ambulance Scam. 

The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar remanded the suit to the trial court for fresh consideration after noting that the trial court did not consider many subsequent developments and the documentary evidence relied upon by Somaiya.

NGO Funding Peaceful Protests Can't Be Ground To Deny Its FCRA Renewal: Kerala High Court

Case Title: Save A Family Plan India v. Union of India and Ors. & Kerala Social Service Forum v. Union of India and Ors.

Citation: 2026 LiveLaw (Ker) 439

The Kerala High Court recently came to the aid of two NGOs, whose FCRA renewal applications were rejected by the Centre relying on a report of the Central Security Agency (Intelligence Bureau) alleging that they 'funded' the protests at Vizhinjam Port.

Justice Bechu Kurian Thomas noted that there were no materials to show that NGOs had funded the protests, and added that even if they had, in fact, done so, that cannot be a ground to reject FCRA renewal: 

“the report has not even identified any financial trail between the petitioner and any of the protestors directly…even if it is assumed that the petitioner had funded the peaceful protests, still, can it be held to be a reason to deny renewal of the certificate? The answer has to be in the negative. The right to protest is an integral part of a democracy. Every citizen has the right to demonstrate or to protest in a peaceful manner. The said right emanates from the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.”

No Motor Vehicle Tax On Vehicle Rendered Unroadworthy After Accident, Even If Owner Failed To Intimate Authorities: Kerala High Court

Case Title: Cleetus E.P. v. State of Kerala and Ors. 

Citation: 2026 LiveLaw (Ker) 440

The Kerala High Court has held that motor vehicle tax cannot be imposed for a period during which a vehicle was neither used nor kept for use on the road because it had become completely unroadworthy, even if the registered owner failed to submit the prescribed advance intimation in 'G Form' under Kerala Motor Taxation Rules. 

Justice Ziyad Rahman A.A., was delivering the judgment in a writ petition filed by a carriage owner whose vehicle became unfit to use in road pursuant to a road accident.

'Calculated, Fraudulent Attempt': Kerala High Court Raps Former Bar Council Office-Bearers For Fabricating Records To Remove Secretary

Case Title: Simy S. v. Bar Council of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 441

The Kerala High Court came down heavily upon the Bar Council of Kerala (BCK) and the erstwhile committees which were managing the body for adopting fraudulent means to fire the BCK Secretary.

Justice Ziyad Rahman A.A. was considering a petition filed by Simy S., who was holding the post of BCK Secretary, when was relieved from duty despite submission of withdrawal of her resignation.

Police Protection Can't Be Used To Enforce Church Possession Rights Not Adjudicated By Civil Court: Kerala High Court In Malankara-Jacobite Dispute

Case Title: Fr. Thomas Pulayath v. St. Tomas Orthodox Syrian Church Cherukkunnam and connected matters

Citation: 2026 LiveLaw (Ker) 442

The Kerala High Court on Thursday (August 13) held that police protection cannot be used to enforce a claimed right to possession of church properties where that right has not been adjudicated by a competent civil court.

Allowing seven writ appeals arising from the Malankara-Jacobite church dispute, the Division Bench of Dr Justice A.K. Jayasankaran Nambiar and Justice Preetha A.K. set aside Single Bench orders granting police protection to vicars and parishioners of the Orthodox faction and issuing consequential directions regarding possession of the churches and performing religious rites.

No Disciplinary Proceedings To Terminate Aided School Teacher Who 'Abandoned' Service To Continue Foreign Job: Kerala High Court

Case Title: The St. Joseph's Boys Higher Secondary School v. The State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 443

The Kerala High Court recently clarified that there is no need for disciplinary proceedings to terminate an aided school teacher, who refused to rejoin service even after the expiry of sanctioned leave in order to continue foreign employment.

Justice Harisankar V. Menon observed that disciplinary proceedings are not required in such cases since refusal to rejoin service amounts to 'abandonment'.

ED Officials Attack: Kerala High Court Refuses To Cancel Bail Granted To Accused Harishkumar But Imposes New Condition

Case Title: State of Kerala and Anr. v. Harishkumar and Anr. & connected case

Citation: 2026 LiveLaw (Ker) 444

The Kerala High Court on Thursday (August 13) refused to cancel the bail granted to Harishkumar, the 9th accused in the crime registered pursuant to the attack on Enforcement Directorate (ED) officials following a raid at the residence of Opposition Leader Pinarayi Vijayan and his daughter on May 27.

After hearing the parties, Justice C.S. Dias was of the view that the afore order (Annexure A3) need not be cancelled since the other accused in the case were already granted regular bail by the High Court.

Kerala High Court Closes PIL Challenging Alleged Ban On Men's Entry At 'Freedom At Midnight' Event

Case Title: Adarsh S.R. v. State of Kerala and Anr. 

Citation: 2026 LiveLaw (Ker) 445

The Kerala High Court on Thursday (13 August) closes a public interest litigation challenging the proposed “Freedom at Midnight” event organised by the Department for Women and Child Development on August 14.

The Division Bench comprising  Chief Justice Soumen Sen and Justice Syam Kumar V.M observed that the petition was founded on unverified press reports and that the petitioner had not first approached the concerned authority with his grievance.

Successor To Decree Holder Can Continue Execution Without Prior Substitution Before Court That Passed Decree: Kerala High Court

Case Title: Srimad Samyamindra Thirtha Swamiji v. Raghavendra Thirtha Swami 

Citation: 2026 LiveLaw (Ker) 446

The Kerala High Court has held that a person who succeeds to the rights in the property forming the subject matter of a decree need not first seek substitution before the court that passed the decree. Instead, such a successor may directly continue execution proceedings before the executing court by invoking Section 146 CPC read with the Explanation to Order XXI Rule 16 CPC.

Justice Easwaran S. delivered the judgment in an Original Petition arising from a litigation involving the Kashi Math Samsthan.

Journalist's News Report Causing Embarrassment Doesn't By Itself Constitute Criminal Defamation: Kerala High Court

Case Title: Mammen Mathew and Ors. v. State of Kerala and Anr.

Citation: 2026 LiveLaw (Ker) 447

The Kerala High Court has recently held that a journalist would not be criminally liable for the offence of defamation for reporting on the arrest and registration of crime against a person.

Justice C.S. Dias referred to Sections 499 [Defamation], 501 [Printing or engraving matter known to be defamatory] and 502 [Sale of printed or engraved substance containing defamatory matter] of the Indian Penal Code, and observed:

“The distinction between a report of an official proceeding and an independent defamatory assertion is crucial. A journalist does not become criminally liable for defamation because the publication of an official action has caused reputational harm to a litigant. What the aforesaid Sections penalise is not truthful reporting as such, but a culpable defamatory imputation of the kind contemplated by the provision…An adverse publication, or one which causes embarrassment to the person concerned, does not by itself constitute criminal defamation.”

Other Developments This Week

Kerala High Court Issues Notices To Congress MLAs Sajeev Joseph & Rajan J Pallan In Election Petitions

Case Nos: Election Petition No. 1 of 2026 and El. Pet. 11/ 2026 (Filing No.)

Case Titles: Adv. Mathew Kunnappally v. Adv. Sajeev Joseph and Ors. and Joshi v. Rajan J. Pallan

The Kerala High Court on Monday (August 10) issued notices to Congress MLAs Sajeev Joseph and Rajan J. Pallan, in challenge to their recent Assembly elections.

Justice Easwaran S. issued summons to Joseph, currently serving as Irikkur constituency MLA, and directed the District Election Officer to preserve the electoral papers on Kerala Congress (M) candidate Advocate Mathew Kunnappally's plea.

Meanwhile, Justice Murali Purushothaman issued notice to Pallan, who contested and won from Thrissur.

Cashew Corp Scam: Former KSCDC Officials Move Kerala High Court Against Single Judge Orders Leading To Prosecution Sanction Against Them

Case Nos: Filing Nos. WA 1534/ 2026 and WA 1576/ 2026

Case Titles: K.A. Ratheesh v. Kadakampally Manoj and R. Chandrasekharan v. Kadakampally Manoj

Appeals have been moved before the Kerala High Court by two former officials of the Kerala State Cashew Development Corporation (KSCDC), who have been accused of corruption and causing loss of crores of rupees to the Corporation.

When the matter came up, the Division Bench comprising Justice K. Natarajan and Justice Johnson John asked the appellants to cure the defects noted by the Registry.
Dental Student Suicide Case: Kerala High Court Asks Why Deputy Police Superintendent Not Suspended Despite Investigative Lapses

Case No: Crl.A 609/ 2026 

Case Title: Dr. M.Kodanda Ram v. State and Ors.

The Kerala High Court on Monday questioned why the Deputy Superintendent of Police (DySP) who investigated the suicide of dental student Nithin Raj had not been suspended despite the State Government itself finding serious procedural lapses in the investigation.

Justice A, Badharudeen, while considering the matter, observed that an oral enquiry alone would not suffice in a case involving such serious lapses and questioned the State's decision not to place the investigating officer under suspension pending departmental proceedings.

KPSC Recruitment: Kerala High Court Stays Order Directing Disclosure Of Rank Holders' Marks, Experience Certificates Under RTI Act

Case No: WP(C) 27236/2026

Case Title: Kerala Public Service Commission and Ors. v. Shyam Krishnan K. and Anr.

The Kerala High Court on Tuesday (August 11) stayed an order of the State Information Commission, which directed the Kerala Public Service Commission (KPSC) to disclose records relating to the Planning Board recruitment examination.

Justice Murali Purushothaman today stayed the Commission's order directing disclosure of information relating to the marks obtained by the rank holders in the written exam and the interview as well as the experience certificates of the 1st and 2nd rankholders.

MSC Elsa 3 Wreckage Has Hazardous Materials, May Have To Be Removed From Seabed: Centre Tells Kerala High Court

Case Title: T. N. Prathapan v. Union of India and Ors. and connected cases

Case No: WP(PIL) 50/ 2025 and connected cases

The Central government on Tuesday (August 11) informed the Kerala High Court that the MSC Elsa 3 wreckage lying on the seabed has hazardous materials and therefore, may have to be removed.

The submission was made before the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, which was hearing a batch of public interest litigations raising questions regarding the navigational hazards, marine pollution and livelihood issues of coastal communities posed with the sinkage of vessel.

Kerala High Court Issues Notice To National Commission For Scheduled Tribes In Kumbh Mela Star's Police Protection Plea

Case No: WP(C) No. 21065 of 2026

Case Title: MB v. State of Kerala and Anr.

The Kerala High Court on Tuesday (August 11) impleaded the National Commission of Scheduled Tribes (NCST) and issued notice to it in the plea preferred by the viral Kumbh Mela star seeking police protection.

Justice Bechu Kurian Thomas allowed the petition filed by the star seeking to implead the Commission, the City Police Commissioner, Director General of Police, Thampanoor Station House Officer, and Poovar Panchayath.

Kerala High Court Seeks State's Response On Teacher's Plea Suspended For Framing Quiz Question On VD Savarkar

Case No: WP(C) 27818/2026

Case Title: Guruprasad Rai K. v. State of Kerala and Ors.

The Kerala High Court on Thursday (August 13) sought the State's response to a plea by Guruprasad Rai K., a teacher who was suspended for including V.D. Savarkar's name in a quiz on freedom fighters.

Justice Viju Abraham granted time till Monday (August 17) for the government pleader to take instructions in the matter and to apprise the Court about reasons for suspension.

Microfinance Fraud Case: Kerala High Court Orders Personal Appearance Of Investigating Officer

Case No: WP(C) No. 14599 of 2020 and Crl.MC No. 5539/2020

Case Title: M.S. Anil v. State of Kerala and Ors. and connected case

The Kerala High Court on Tuesday (August 11) directed personal appearance of the investigating officer looking into the ₹15.85 crore SNDP Microfinance Scam case.

Justice A. Badharudeen has directed S. Sasidharan IPS, the Superintendent of Police, VACB, Central Range, Ernakulam to personally appear before Court on August 14 (Friday).

Microfinance Fraud Case: Kerala High Court Directs Govt To Consider Prosecution Sanction Request By SIT

Case No: WP(C) No. 14599 of 2020 and Crl.MC No. 5539/2020

Case Title: M.S. Anil v. State of Kerala and Ors. and connected case

The Kerala High Court on Friday (August 14) directed the Additional Chief Secretary for Backward Classes to consider the requests for prosecution sanction made by the Special Investigation Team (SIT) probing the ₹15.85 crore SNDP Microfinance Scam case to expedite prosecution sanction.

Justice A. Badharudeen issued the interim order today after interacting with investigating officer S. Sasidharan IPS, who appeared in person based on Court's earlier direction.

Has Supreme Court Interdicted Bar Council Meeting Till Co-option Of Women Members? Kerala High Court Seeks Clarification

Case No: WP(C) 26232/ 2026 & WP(C) 25168/ 2026

Case Title: Yeshwanth Shenoy v. Bar Council of India and Ors. & Prasad Chandran and Anr. v. BCI and Anr.

The Kerala High Court on Friday (August 14) orally asked if the Supreme Court has passed an order interdicting the meeting of the State Bar Council until the co-option of women members.

Justice Bechu Kurian Thomas put forth the query while hearing two pleas with prayers, including a declaration that the new Council is validly elected and a direction to the Secretary of the body to convene the meeting.

'State Losing Valuable Revenue': Kerala High Court Pulls Up Authorities Over Negligible Recovery Of Fines For Unauthorised Flags, Banners

Case No: RP1394/ 2025 in WP(C) 22750/ 2018

Case Title: Rahul K.T. v. St. Stephen's Malankara Catholic Church

The Kerala High Court on Friday (14 August) criticised the State authorities and local self-government institutions for their failure to impose and recover fines on unauthorised flags, boards and other installations, observing that the apparent inaction was causing the State to lose crores of rupees in revenue.

Justice Devan Ramachandran made the observations while considering the review petition relating to a plea which had earlier declared the installation of unauthorized boards, banners, hoardings, flags, as illegal.