Kerala High Court Weekly Round-Up: January 13- January 19, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 16- 37]Abad Builders Private Limited v State of Kerala and Others & other connected cases, 2025 LiveLaw (Ker) 16Sajeev N. & Others v Anumol P. S. and Others, 2025 LiveLaw (Ker) 17Stephin Raj v State of Kerala, 2025 LiveLaw (Ker) 18C. D. Boby @ Boby Chemmanur v State of Kerala, 2025 LiveLaw (Ker) 19Gargian Sudheeran v State of Kerala & other case, 2025 LiveLaw (Ker) 20K R Jayachandran v State Of Kerala, 2025 LiveLaw (Ker) 21X. v Y and Others, 2025 LiveLaw (Ker) 22Rahul Rai v State of Kerala, 2025 LiveLaw (Ker) 23Sarath K S v State of Kerala, 2025 LiveLaw (Ker) 24Benny Mathew & Ors. v State of Kerala, 2025 LiveLaw (Ker) 25Kerala Coastal Zone Mangement Authority v P. M. Sukhilesh and Others, 2025 LiveLaw (Ker) 26Siji v State of Kerala, 2025 LiveLaw (Ker) 27V.Karthyayani v State of Kerala, 2025 LiveLaw (Ker) 28Mariya P.P And Others V. Nalupurayil Kadeeja, 2025 LiveLaw (Ker) 29Kabeer C. V. State Of Kerala , 2025 LiveLaw (Ker) 30X V. State Of Kerala and other, 2025 LiveLaw (Ker) 31Shish Jewels Private Limited v. The Intelligence Officer, 2025 LiveLaw (Ker) 32Pinnacle Vehicles and Services Pvt Ltd v. Joint Commissioner, 2025 LiveLaw (Ker) 33Muhammed V. Raveendran Nair And Others., 2025 LiveLaw (Ker) 34XXX v State of Kerala, 2025 LiveLaw (Ker) 35Yamnuna Kumari v The Sub-Registrar, 2025 LiveLaw (Ker) 36Shoyab K.A and another v. State of Kerala and others., WP(C) NO. 15097 OF 2024, 2025 LiveLaw (Ker) 37Judgments/OrdersKerala HC Sets Aside Rule To Levy Additional Fee For Buildings Exceeding 3000 Sq Feet On Land Falling Under Conservation Of Paddy Land & Wetland ActCase Title: Abad Builders Private Limited v State of Kerala and Others & other connected casesCitation: 2025 LiveLaw (Ker) 16The Kerala High Court has declared Rule 12(9) of the Kerala Paddy Land and Wetland Rules framed under the Kerala Conservation of Paddy Land and Wetland Act, 2008 levying a fee for the area of a building exceeding 3000 square feet proposed in lands falling under the Act as ultra vires. Justice Mohammed Nias C. P. directed that no such fee shall be demanded from the petitioners while considering the building permits of the petitioners. The Court added that if any such fee is already collected, it shall be refunded to the petitioners within 4 months.Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19Case Title: Sajeev N. & Others v Anumol P. S. and OthersCitation: 2025 LiveLaw (Ker) 17The High Court held that the Government was within its powers under Rule 39 of Part II of Kerala State and Subordinate Service Rules (KS & SSR) while giving extra chance to State Government employees who had not passed the departmental test necessary for promotion during the COVID-19 pandemic. The Government passed this order after getting representations from employees that they could not attend the test due to the Covid-19 outbreak and thereby lost their seniority to those who already passed the test. Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High CourtCase Title: Stephin Raj v State of KeralaCitation: 2025 LiveLaw (Ker) 18The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea. “The scope and ambit of discharge shall not be available beyond prosecution records and the court cannot look into any document other than the prosecution records, either presented by the accused or by any other means which do not form part of the prosecution records, while considering the plea of discharge."Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is CommittedCase Title: C. D. Boby @ Boby Chemmanur v State of KeralaCitation: 2025 LiveLaw (Ker) 19The Kerala High Court on Tuesday (14th January) granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar (2013) which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that the petitioner shall not commit an offence of the similar nature, or otherwise, the bail will be cancelled.Justice P. V. Kunhikrishnan while granting bail observed that there was a prima facie case against the petition. “Prima facie I am of the opinion that that there are ingredients to attract the offences alleged against the petitioner. The petitioner is using words with double meanings. Any Malayalee who reads the First Information Statement can easily understand all the words used by the petitioner are with double...

Kerala High Court Weekly Round-Up: January 13- January 19, 2025

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