Kerala High Court Weekly Round-Up: May 13 - May 19, 2024

Citations: 2024 LiveLaw (Ker) 288 To 2024 Livelaw (Ker) 292Nominal IndexR Asokan v State of Kerala, 2024 LiveLaw Ker 288State of Kerala v Azeez, 2024 LiveLaw Ker 289State of Kerala v S Pulikeshy IPS, 2024 LiveLaw Ker 290SNDP Yogam Sakha No: 982 v State of Kerala, 2024 LiveLaw Ker 291The Manager v Kerala State Commission For Protection Of Child Rights, 2024 LiveLaw Ker 292Judgments/Orders This WeekUnlawful Deprivation Of Property: Kerala High Court Orders Compensation For Land Acquired Under Kottayam Development Corridor ProjectCase Title: R Asokan v State of KeralaCitation: 2024 LiveLaw Ker 288The Kerala High Court stated that landowners who surrendered their property for the 'Kottayam Development Corridor Project' would be paid adequate compensation by assessing the land value by initiating proceedings under the LARR Act by issuing gazette notification and not based on the property's market value as on the date of surrender of the property back in 2015.Justice Viju Abraham observed that it would not be adequate compensation since the land value has increased now. It stated that in a democracy governed by the rule of law, citizens cannot be deprived of their land without sanction of law.S.216 CrPC | Addition Of Charges Has To Be Done By Court Upon Its Own Satisfaction, Not At The Behest Of Parties: Kerala High CourtCase Title: State of Kerala v AzeezCitation: 2024 LiveLaw Ker 289The Kerala High Court has held that the power to alter or add charges in exercise of power under Section 216 CrPC remains with the Court and cannot be done based on the application of parties. In the facts of the case, the Public Prosecutor applied to the Trial Court to alter the charge and add the offence of trafficking under Section 370 of the IPC against the accused. The Trial Court dismissed the application since the offence of trafficking of a person under Section 370 was incorporated in the IPC by Amendment Act, 2013 and the alleged offence took place in 2006.Justice Bechu Kurian Thomas held that the order of the Trial Court does not warrant interference since the charge cannot be altered at the instance of the parties.[All India Services] Commutation Of Pension Not Possible For Retd Officer Undergoing Departmental/Judicial Proceeding, Only Provisional Pension Allowed: Kerala HCCase Title: State of Kerala v S Pulikeshy IPSCitation: 2024 LiveLaw Ker 290The Kerala High Court held that only a provisional pension could be sanctioned to a retired member of the All India Services if he is undergoing departmental or judicial proceedings. It stated that disbursement of DCRG or Commutation of Pension is permissible only after the culmination of departmental or judicial proceedings and not during the pendency of the proceedings. The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim referred to Rule 6 of All India Services (Death cum Retirement Benefit) Rules 1958 that outlines the provision regarding the withholding of pension and gratuity for members of the All India Services on pending departmental or judicial proceedings.School Property Intended Only For 'Intellectual Enrichment': Kerala HC Rejects Plea To Host Religious Function In Govt School AuditoriumCase Title: SNDP Yogam Sakha No: 982 v State of KeralaCitation: 2024 LiveLaw Ker 291The Kerala High Court has held that the notion that Government schools are merely collective property and could be used for other purposes is an outdated concept. It stated that in the modern era, government schools are achieving remarkable educational excellence, equipping students to become citizens of future.The petitioner SNDP Yogam Sakha approached the Court seeking permission to use Open Air Auditorium of a Government High School for a religious function attached to a temple.Justice Devan Ramachandran stated that schools are temples of learning and government schools cannot be used for any other activities other than for students' intellectual and overall development. “Government Schools are ones, normally, accessed by children of ordinary citizens and it is the collective responsibility of the community and the Government to ensure that they are raised to the highest levels of excellence possible. This can be done only if there is a commitment to education, ensuring every facility to each student, no matter what financial strata he/she belongs to. The feeling that Government Schools can be used for any purpose, since it is a collective property, is a thought of the past and cannot be countenanced in the modern era, particularly when, all over the world, such schools are now reaching the zeniths of educational excellence, preparing its students to be the citizens of future.”Manager Of Aided School Can't Collect Fees From Students For Providing Transport, Toilets & Internet Facilities: Kerala High CourtCase Title: The Manager v Kerala State Commission For Protection Of Child RightsCitation: 2024 LiveLaw Ker 292The Kerala High Court has held that in terms of Kerala...

Kerala High Court Weekly Round-Up: May 13 - May 19, 2024

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