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LiveLaw Kerala High Court Weekly Round - Up: September 14 - September 20, 2026
Anamika MJ
21 Sept 2026 12:00 PM IST
Citations: 2026 LiveLaw (Ker) 500 - 2026 LiveLaw (Ker) 517Nominal IndexDirectorate of Enforcement v. Kolatt Dasan Prathapan, 2026 LiveLaw (Ker) 500Rakhul Krishnan v Union of India and Ors., 2026 LiveLaw (Ker) 501 Baby Kurian v The District Collector and Ors., 2026 LiveLaw (Ker) 502 M/s Cubes Entertainments v. Big Tree Entertainment Private Limited and Anr., 2026 LiveLaw (Ker) 503Pramasivam...
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Citations: 2026 LiveLaw (Ker) 500 - 2026 LiveLaw (Ker) 517
Nominal Index
Directorate of Enforcement v. Kolatt Dasan Prathapan, 2026 LiveLaw (Ker) 500
Rakhul Krishnan v Union of India and Ors., 2026 LiveLaw (Ker) 501
Baby Kurian v The District Collector and Ors., 2026 LiveLaw (Ker) 502
M/s Cubes Entertainments v. Big Tree Entertainment Private Limited and Anr., 2026 LiveLaw (Ker) 503
Pramasivam v. State of Kerala & Siraj Vazhayil @ Saji Thaneerkattil v. State of Kerala, 2026 LiveLaw (Ker) 504
X and Ors. v. State of Kerala and Anr., 2026 LiveLaw (Ker) 505
Jose M.P. v. State of Kerala, 2026 LiveLaw (Ker) 506
Muhammed Jishar v Lakeshore Hospital, 2026 LiveLaw (Ker) 507
X v. Union of India and Ors., 2026 LiveLaw (Ker) 508
X v. State of Kerala, 2026 LiveLaw (Ker) 509
A v. State of Kerala, 2026 LiveLaw (Ker) 510
Dr. V. Madhu v. The Chancellor of CUSAT and Ors., 2026 LiveLaw (Ker) 511
M and Anr. v A, 2026 LiveLaw (Ker) 512
S. Abdul Razzak v C.B. Suraja Devi and Anr, 2026 LiveLaw (Ker) 513
Balan and Anr. v Parameswaran and Ors., 2026 LiveLaw (Ker) 514
Jiostar India Pvt. Ltd. v. Jollyamma Joseph @ Jolly, 2026 LiveLaw (Ker) 515
Roji Augustine v State of Kerala, 2026 LiveLaw (Ker) 516
Dr. P.S. Mahendra Kumar v State of Kerala and Ors., 2026 LiveLaw (Ker) 517
Judgments/ Orders This Week
Case Title: Directorate of Enforcement v. Kolatt Dasan Prathapan
Citation: 2026 LiveLaw (Ker) 500
The Kerala High Court in a recent order, directed the Special Court for PMLA cases, Ernakulam to consider afresh the bail application of K.D. Prathapan, the prime accused in the High Rich Pozhi Scheme case, while considering a plea preferred by the Directorate of Enforcement to cancel the bail granted.
Justice C.S. Dias directed the Special Court to reconsider Prathapan's bail application within 60 days after hearing both sides. It was made clear that Prathapan would continue to be on bail until a fresh decision is made by the Special Court.
Case Title : Rakhul Krishnan v Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 501
The Kerala High Court has clarified that an International Arrest Warrant issued by a foreign treaty State and transmitted to India through Interpol cannot simply be ignored by the Indian nodal agency merely because the foreign State has not yet made a formal request for extradition through diplomatic channels.
A Division Bench comprising Dr. A.K. Jayasankaran Nambiar and Justice Preetha A.K held that, upon receipt of an International warrant, the Indian nodal agency must forward it to the Central Government and simultaneously bring it to the notice of the jurisdictional Magistrate, enabling action under Sections 34-B and 9 of the Extradition Act, 1962, respectively.
Case Title: Baby Kurian v The District Collector and Ors.
Citation: 2026 LiveLaw (Ker) 502
The Kerala High Court has held that the Tahsildars are entitled to issue legal heirship certificates irrespective of the value of the property or assets involved.
Justice Bechu Kurian Thomas held that the financial ceiling contained in paragraph 236 of the Kerala Village Manual cannot, by itself, operate as a legal restriction on the issuance of a legal heirship certificate.
Case Title: M/s Cubes Entertainments v. Big Tree Entertainment Private Limited and Anr.
Citation: 2026 LiveLaw (Ker) 503
The Kerala High Court has directed the Principal Munsiff Court, Ernakulam to number a suit preferred by production company M/s Cubes Entertainments seeking removal of the reviews of the Malayalam movie 'Kattalan' from BookMyShow platform.
Justice Easwaran S. set aside the munsiff court's order rejecting the plaintiff's application seeking exemption from complying with Order VI and Rule 14A CPC, which mandates petitioners to provide the address of the parties for service of notice.
Case Titles: Pramasivam v. State of Kerala & Siraj Vazhayil @ Saji Thaneerkattil v. State of Kerala
Citation: 2026 LiveLaw (Ker) 504
The Kerala High Court has directed that bail applications not disclosing criminal antecedents and details of prior bail pleas as mandated by the Apex Court in Zeba Khan v. State of U.P. and Others, cannot be numbered.
Dr. Justice Kauser Edappagath observed that bail applications rarely comply with the afore directions and the administrative mandate contained in the Office Memorandum dated 13.02.2026 issued by the High Court.
Case Title: X and Ors. v. State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 505
The Kerala High Court on Tuesday (September 15) upheld the order of the Juvenile Justice Board, Alappuzha that allowed the escorted movement of the children in conflict with law (CCLs) for evidence collection in the Karuvatta murder case.
The case refers to the murder of a 67-year-old man on August 17, 2026 allegedly by his 13-year-old granddaughter and three other minors. The minors are presently housed at the Government Observation Home, Alappuzha.
Justice G. Girish observed the conditions imposed by the JJB were sufficient to protect the minors from public scrutiny.
Case Title: Jose M.P. v. State of Kerala
Citation: 2026 LiveLaw (Ker) 506
The Kerala High Court recently directed that courts, releasing an illegally arrested accused, must permit police to re-arrest accused on the same day after compliance with procedural formalities.
Justice A. Badharudeen held:
“all Criminal Courts shall ensure that while setting an accused at his liberty, finding his arrest as illegal, the Courts shall pass an order on the date of release of the accused itself to the effect that the release of the accused for non-compliance of the formalities of arrest will not stand in the way of arresting the accused by the Investigating Officer, again, on completing the formalities of arrest and the courts must grant permission to the Investigating Officer to arrest the released accused again, on the same day, as per law.”
Donor's Criminal Antecedents Can't Be Ground To Reject Organ Donation: Kerala High Court
Case Title: Muhammed Jishar v Lakeshore Hospital
Citation: 2026 LiveLaw (Ker) 507
The Kerala High Court has held that the criminal antecedents of a proposed organ donor cannot be considered as a reason to withhold papers relating to organ donation under the Transplantation of Human Organs and Tissues Act, 1994.
Justice Harisankar V. Menon made the observation in a writ petition filed by a person suffering from chronic kidney disease and requiring organ transplantation.
Case Title: X v. Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 508
The Kerala High Court recently permitted a woman to use embryos preserved for assisted reproduction after her husband died.
Justice Harisankar V. Menon referred to Section 22 of the Assisted Reproductive Technology (Regulation) Act, 2021, which provides that an ART clinic can perform any treatment or procedure only with the written informed consent of parties.
Case Title: X v. State of Kerala
Citation: 2026 LiveLaw (Ker) 509
The Kerala High Court recently granted anticipatory bail to a lawyer, who is accused of sexually harassing a lady advocate outside a Palakkad court.
Dr. Justice Kauser Edappagath noted that a prior crime was registered against the complainant at the instance of the petitioner lawyer and went on to grant him bail.
Case Title: A v. State of Kerala
Citation: 2026 LiveLaw (Ker) 510
The Kerala High Court recently granted pre-arrest bail to a 20-year-old woman booked for attempted murder of newborn, who she threw out of the window after giving birth in the hospital bathroom.
Dr. Justice Kauser Edappagath noted that there were no materials suggesting that the woman intended to cause the death of the child and that she did not have any criminal antecedents.
Case Title: Dr. V. Madhu v. The Chancellor of CUSAT and Ors.
Citation: 2026 LiveLaw (Ker) 511
Kerala High Court recently dismissed a public interest litigation seeking a writ of quo warranto to quash the appointment of a professor of Mathematics department in the Cochin University of Science and Technology (CUSAT).
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. dismissed the PIL.
Delay In Domestic Violence Complaint Alone No Ground To Quash Proceedings: Kerala High Court
Case Title: M and Anr. v A
Citation: 2026 LiveLaw (Ker) 512
The Kerala High Court has held that mere delay in approaching a Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) cannot, by itself, be a ground to quash proceedings, particularly where the allegations include acts of domestic violence occurring at a later point of time.
Justice Jobin Sebastian was delivering the judgment in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of proceedings pending before the Judicial First Class Magistrate Court-III, Thrissur.
Case Title: S. Abdul Razzak v C.B. Suraja Devi and Anr
Citation: 2026 LiveLaw (Ker) 513
The Kerala High Court has held that once an Advocate Commissioner's report and the evidence relating to it have been received in evidence, a trial court cannot subsequently set aside or strike off the report under Order XXVI Rule 10(3) of the Code of Civil Procedure (CPC).
Justice Easwaran S. delivered the judgment in a petition challenging orders of the II Additional Munsiff's Court, Ernakulam, which had set aside an Advocate Commissioner's report and plan in a long-pending suit concerning title and injunction.
Case Title: Balan and Anr. v Parameswaran and Ors.
Citation: 2026 LiveLaw (Ker) 514
The Kerala High Court has held that a lawyer for the plaintiff cannot file an affidavit on behalf of the plaintiff seeking production of documents.
Justice Easwaran S delivered the judgement in an original petition.
Case Title: Jiostar India Pvt. Ltd. v. Jollyamma Joseph @ Jolly
Citation: 2026 LiveLaw (Ker) 515
The Kerala High Court on Friday (September 18) directed the Munsiff Court, Ernakulam to expeditiously hear and dispose of Jiostar Pvt. Ltd.'s plea to set aside an order halting the release of JioHotstar webseries 'Anali', which is allegedly based on the Koodathayi murders.
Justice Easwaran S. issued the directions.
Case Title: Roji Augustine v State of Kerala
Citation: 2026 LiveLaw (Ker) 516
The Kerala High Court has held that the statutory requirement under Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring a complaint case to be stayed when a police investigation is pending, applies only when both proceedings concern the same offence.
Justice C.S Dias made the observation while dismissing a petition filed by Roji Augustine, in a cheating case pending before the Judicial first Class Magistrate Court, Chottanikkara.
Case Title: Dr. P.S. Mahendra Kumar v State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 517
The Kerala High Court on Thursday (17 September) closed the plea against the police circular prohibiting police participation in temple ceremonies as the State Police Chief clarified that the circular did not prohibit the practice of any religion or interfere with the administration of temples or other religious institutions.
The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar closed the writ petition after recording the statement on behalf of the State Police Chief.
Other Developments This Week
Kerala High Court Issues Notice To Mani C Kappan In Plea Seeking To Disqualify Him As Pala MLA
Case Title: Dinesh Menon v. State of Kerala and Ors.
Case No: WP(C) 31188/2026
The Kerala High Court on Monday (September 14) issued notice to Mani C. Kappan in the plea filed by businessman Dinesh Menon seeking his disqualification as Pala MLA following his conviction in four cheque bounce cases in Mumbai.
Justice Bechu Kurian Thomas orally asked:
"What is the effect if sentence is suspended? Conviction is not stayed? If conviction is suspended also disqualification would not come?"
Case Title: Aparna Kurup v. State of Kerala and Ors.
Case No: WP(C) 31281/2026
The Kerala High Court on Monday (September 14) granted police protection to Big TV journalist Aparna Kurup, who allegedly received death threats and cyber attacks after anchoring a channel discussion relating to a public statement made by Islamic scholar Kanthapuram A.P. Aboobacker Musaliar on women's rights.
Justice Bechu Kurian Thomas directed SHO Ernakulam South Police Station to afford adequate protection to the petitioner's life as well as her residential apartment.
Case Title: Lady Lawyers Association Of Wayanad (LAWA) v Union of India and Ors.
Case No: WP(PIL) 182/ 2026
The Kerala High Court on Wednesday (16 September) directed that Union of India to submit an affidavit regarding the operationalisation of the National Commission For Allied and Healthcare Professionals Act, 2021(NCAHP).
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the direction in a public interest litigation filed by the Lady Lawyers Association of Wayanad seeking direction for a comprehensive statutory framework to regulate counselling and allied mental health services in India, alleging that the absence of licensing, registration and professional accountability has left vulnerable persons exposed to unqualified practitioners.
Case Title: In Re Exorbitant Pricing of Life Saving Patented Medicines
The Kerala High Court on Wednesday (September 16) reserved its verdict in the suo motu petition relating to exorbitant pricing of patented life-saving drugs.
Justice Harisankar V. Menon heard detailed arguments by amicus curiae Maitreyi Sachidananda Hegde, Advocates Joseph Kodianthra (Sr.) and Hemant Singh for Novartis, G. Shrikumar (Sr.) and Praveen Anand for Eli Lily Pvt. Ltd., Rahul Bajaj who appeared in person as intervenor, K.M. Gopakumar for party respondents as well as ASGI P. Sreekumar and DSGI O.M. Shalina for the Centre.
Case Title: In Re: Compliance with the Directions issued by the Supreme Court in Suo Motu Writ Petition (Civil) No(s). 5 of 2025
Case No: W.P.(C).No.23376/2026
The Kerala High Court on Wednesday (September 16) directed the High-Level Monitoring Committee constituted by the State government to file monthly compliance reports on whether local bodies in Kerala have taken steps to curb the issue of stray dog attacks as per Supreme Court directions.
The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. issued the order while considering a suo motu petition instituted to comply with the Apex Court's directions in In Re : City Hounded By Strays, Kids Pay Price v State of Andhra Pradesh.
Case Title: X v. State of Kerala and Ors.
Case No: WP(C) 31694/2026
The Kerala High Court on Thursday (September 17) sought the State's response to a transgender person's plea alleging that he was not disbursed with the financial aid stipulated for post-operative treatment after undergoing Sex Reassignment Surgery (SRS).
When the matter came up today, Justice Bechu Kurian Thomas granted time to the government pleader to get instructions and posted the matter to October 8 (Thursday) for further consideration.
Case Title: Tomin J. Thachankary v. State of Kerala
Case No: Crl.A 1239/2026
Former Director General of Police Tomin J. Thachankary has moved the Kerala High Court challenging his conviction in a disproportionate assets case.
The Enquiry Commissioner and Special Judge (Vigilance), Kottayam had found him guilty of Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to 4 years imprisonment and a fine of Rs. 30.84 lakhs.
Case Title: Anto Augustine v. State of Kerala
Case No: Bail Appl. 5439/2026
The Kerala High Court on Friday (September 18), declined for now, to grant interim bail to Reporter TV Managing Director Anto Augustine, who is booked in an excise case for illegal possession of large quantities of alcohol in his residence.
When the matter came up, Dr. Justice Kauser Edappagath, orally said:
"Since custody and all is granted, it is not proper on my part to grant interim bail at this stage. Otherwise I would have."
Case Title: M.S. Anil v. State of Kerala and Ors. and connected case
Case No: WP(C) No. 14599 of 2020 and Crl.MC No. 5539/2020
The Kerala High Court on Friday (September 18) orally criticised the perceived differences of opinion between the State government and its advocates regarding the question of requirement of sanction to prosecute the accused persons in the ₹15.85 crore SNDP Microfinance Fraud case.
When the matter came up before Justice A. Badharudeen, the special public prosecutor for vigilance placed a government order as well as report by the Dr.Veena N. Madhavan, IAS, Secretary of Backward Classes Development Department.
Anamika MJ
Anamika MJ is a Correspondent with LiveLaw, covering Kerala High Court


