Kerala High Court Weekly Round-Up: May 19 – 25, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 279 - 293]Kurian Abraham and Others v State of Kerala and Others & Connected matters, 2025 LiveLaw (Ker) 279State of Kerala v the Chancellor and Others, 2025 LiveLaw (Ker) 280Dr. Joseph John MD v. The State of Kerala and another, 2025 LiveLaw (Ker) 281State of Kerala and Others v T. R. Vijayakumar & Connected cases, 2025 LiveLaw (Ker) 282State of Kerala v The Chancellor and Others, 2025 LiveLaw (Ker) 283The Federal Bank Limited v. Chief Judicial Magistrate, Kozhikode and others, 2025 LiveLaw (Ker) 284Omana Thomas v Ajith Prakash and Others, 2025 LiveLaw (Ker) 285X v Y, 2025 LiveLaw (Ker) 286Thankamany and another v. Asst. Executive Engineer, KSEB and others, 2025 LiveLaw (Ker) 287Sivasankaran v. Rejin and others, 2025 LiveLaw (Ker) 288Suo Motu v State of Kerala and Others, 2025 LiveLaw (Ker) 289T. N. Gopalan @ T. N. Gopalakrishnan and Others v State of Kerala and Others, 2025 LiveLaw (Ker) 290Vincy Cherian and Others v The District Collector and Others, 2025 LiveLaw (Ker) 291Abraham, S/o Chacko and others v. Ajitha Jayakumar and others, 2025 LiveLaw (Ker) 292Shamil Muhammed v. State of Kerala and another, 2025 LiveLaw (Ker) 293Judgments/ Orders This WeekStrict Distinction Between Residential And Non-Residential Areas Is Challenging In Era Of Rapid Urbanisation: Kerala High CourtCase Title: Kurian Abraham and Others v State of Kerala and Others & Connected mattersCitation: 2025 LiveLaw (Ker) 279While dismissing a plea against the alleged increased commercialization of a residential colony in Kochi, the Kerala High Court held that such strict distinction between residential and non-residential areas is increasingly challenging in the context of rapid urban development.Justice P. M. Manoj in his order observed:“In the context of globalization and rapid urban development, particularly with the growth of trade, commerce, and city life, drawing a clear distinction between residential and non-residential premises in towns, cities, and metropolitan areas has become increasingly challenging. With space being a scarce resource, people are compelled to make the most efficient use of the available land. As a result, commercial establishments have inevitably emerged even within residential areas. Such commercial usage is no longer seen as an exception but rather as a practical necessity of modern urban living. The current lifestyle – characterized by time constraints, long commutes, and a preference for convenient access to essential service- has led to a growing demand for schools, colleges, shops, banks, hospitals, nursing homes, religious places, and other facilities within residential neighbourhoods. Many housing societies now make express provisions for such mixed usage, and this trend is not only accepted but often welcomed by majority of the residents.”'Unsustainable In Law, Non-Adherence To Procedure': Kerala High Court On Ex-Guv's Appointment Of VC To APJ Abdul Kalam Technological UniversityCase Title: State of Kerala v the Chancellor and OthersCitation: 2025 LiveLaw (Ker) 280The Kerala High Court on Monday (19th May) held that the appointment of Dr. K. Sivaprasad by the former Governor Arif Mohammed Khan to the post of temporary Vice Chancellor of APJ Abdul Kalam Technological University was” not sustainable in law”. The appointment was made in November 2024 by the Governor who also holds the post of ex-officio Chancellor of the University.Justice Gopinath P. held that the Chancellor did not follow the procedure mentioned under Section 13(7) of the APJ Abdul Kalam Technological University Act, 2015. As per the provision, the Chancellor has to appoint a temporary VC based on the recommendation of the Government.Prescribing Medicine Over Phone Is Not Criminal Negligence If Similar Course Of Action Would Be Taken By Other Medics: Kerala High CourtCase Title: Dr. Joseph John MD v. The State of Kerala and anotherCitation: 2025 LiveLaw (Ker) 281The Kerala High Court recently held that the action of a doctor, administering treatment over the telephone a patient, who later succumbed to his illness, would not amount to criminal negligence.Justice G. Girish passed the order in the Criminal Miscellaneous Case preferred by the doctor, who was charged under S. 304A of the Indian Penal Code, challenging the criminal proceedings initiated against him for allegedly causing the death of his patient.Excise Officers Deputed To Inspect Private Distilleries Not Doing 'Additional' Duty, Must Be Given Full Pay By Distilleries: Kerala High CourtCase Title: State of Kerala and Others v T. R. Vijayakumar & Connected casesCitation: 2025 LiveLaw (Ker) 282The Kerala High Court held that private distilleries are liable to pay full pay and allowances of the excise officers deployed to supervise the manufacturing of liquor and allied activities.The Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. noted that as per Form IVA of the Rules, the licensee of a distillery should pay to...

Kerala High Court Weekly Round-Up: May 19 – 25, 2025

K. Salma Jennath

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