Kerala High Court Weekly Round-Up: January 27 - February 02, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 55-73Sulochana T and Others v District Collector, Thiruvananthapuram and Others, 2024 LiveLaw (Ker) 55 M M Narayana Das v State of Kerala, 2024 LiveLaw (Ker) 56Rahul Easwar v State of Kerala, 2025 LiveLaw (Ker) 57Ismail Kunju M v State of Kerala, 2025 LiveLaw (Ker) 58Assistant Commissioner Of Income Tax v. Mohammed Salih, 2025 LiveLaw (Ker) 59Bhoopathi v State of Kerala, 2025 LiveLaw (Ker) 60 Jayaprakash E P v Sheney P & Connected Case, 2025 LiveLaw (Ker) 61Abdul Azeez K P v The Regional Passport Officer, Kozhikode, 2025 LiveLaw (Ker) 62XX v The State of Kerala and Another, 2025 LiveLaw (Ker) 63Suby Antony v R1 (Deleted), 2025 LiveLaw (Ker) 64 M/S. P S Enterprises Represented By Syed Najmuddin v The Union of India, 2025 LiveLaw (Ker) 65K R Jayakumar v State of Kerala, 2025 LiveLaw (Ker) 66Unnimoidu v. Muhammad Iqbal, 2025 LiveLaw (Ker) 67Union of India and Others v S. Sathikumari Amma, 2025 LiveLaw (Ker) 68P N Saji v Kerala Public Service Commission, 2025 LiveLaw (Ker) 69P.V. George v. National Highway Authority of India And Ors., 2025 LiveLaw (Ker) 70Dr. K. B. Bindu v The Kannur University and Others, 2025 LiveLaw (Ker) 71Arunkumar v State of Kerala, 2025 LiveLaw (Ker) 72Vipin P G v State of Kerala, 2025 LiveLaw (Ker) 73Judgments/Orders This WeekKerala High Court Closes Plea Filed By Gopan Swami's Family Against Exhumation Of His Body From Samadhi SiteCase Title: Sulochana T and Others v District Collector, Thiruvananthapuram and OthersCitation: 2024 LiveLaw (Ker) 55The Kerala High Court today closed the writ petition filed by late Gopan Swami's family (wife and children) after exhumation of his body from the Samadhi site.His family had approached the High Court against the order of the District Administration, permitting the exhumation of the body.Today, when the matter was taken up, Justice C.S.Dias noted that the body has been exhumed as per the District Collector's order. False Implication In NDPS Cases Has Severe Consequences, Ruins Life: Kerala HC Urges Union To Address Inadequacy Of Sentence For False AccusationsCase Title: M M Narayana Das v State of KeralaCitation: 2024 LiveLaw (Ker) 56The Kerala High Court has directed the Union Government to consider the inadequacy of sentence imposed on a person under Section 58 of the NDPS Act who falsely implicate innocent persons in NDPS cases. The Court stated that false implication in NDPS cases has severe consequences and can ruin someone's life. The petitioner has approached the High Court seeking bail for providing false information to the detecting officer, which led to a woman being wrongly implicated in an NDPS case under Section 22 of the NDPS Act. This section provides imprisonment for 10 years, extendable to 20 years.Crime was registered against the petitioner under Section 58 (2) which imposes penalty of two years imprisonment for wilfully and maliciously giving information to cause vexatious entry, search, seizure or arrest under the NDPS Act. Justice P.V.Kunhikrishnan thus directed the Registry to send the copy of this order to the Union Government. “False accusations are the most malignant and venomous of all calumnies. Hence, sentences to be imposed by a court of law in such cases should be fair, proportionate and just. The punishment should fit the crime and the sentence should reflect the severity of the offence. If there is any inadequacy in the sentence in these type of cases, the Parliament should think seriously about the same. Registry will forward a copy of this order to the Union of India to do the needful in accordance with law.”Two Weeks Prior Notice To Be Given Before Taking Coercive Steps Against Rahul Easwar If Case Is Registered On Compliant Filed By Actress: Kerala HCCase Title: Rahul Easwar v State of KeralaCitation: 2025 LiveLaw (Ker) 57The Kerala High Court stated that a two-week prior notice must be given before taking any coercive steps against Rahul Easwar if any case alleging non-bailable offences is registered against him by the Malayalam film actress.Rahul Easwar had allegedly made adverse comments about the actress's dressing style while discussing the Boby Chemmanur case in news channel debates. Boby Chemmanur is currently on bail in the case of sexual harassment filed by the actress.Justice P.V.Kunhikrishnan passed the above order in the bail petition moved by Rahul Easwar on finding that at present no case is registered against him.Organ Transplantation Plea Cannot Be Rejected Due To Perception Of Existence Of Large-Scale Commercial Transactions: Kerala HCCase Title: Ismail Kunju M v State of KeralaCitation: 2025 LiveLaw (Ker) 58The Kerala High Court held that a person's request for kidney transplantation cannot be rejected in a routine and pedantic manner since it directly affects their right to life and health. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu stated that the Authorisation Committee while rejecting application for kidney...

Kerala High Court Weekly Round-Up: January 27 - February 02, 2025

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