Kerala High Court Weekly Round-Up: August 29 - September 4, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 456-472]Rubber Wood India Pvt Ltd & Ors v. Manojkumar P.S. & Ors. and Rubber Board v. Manojkumar P.S. & Ors. 2022 LiveLaw (Ker) 456James Robert Edward Peirce & Ors. v. Anna Mathew & Ors. 2022 LiveLaw(Ker) 457Usha Rajan v. Tripunithura Municipality & Ors. and S. Umesh Shenoy v. Tripunithura Municipality & Ors. 2022 LiveLaw(Ker) 458Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. 2022 LiveLaw (Ker) 459Fathima Thazkiya O v. National Medical Commission and Connected Cases 2022 LiveLaw(Ker)460Dr. C.S. Rajan v. The Registrar, Sree Sankaracharya University of Sanskrit & Ors. 2022 LiveLaw (Ker) 461State Tax Officer & Anr Vs. Baiju A.A 2022 LiveLaw(Ker) 462 xxxx v. xxxx 2022 LiveLaw (Ker) 463 S. Krishnakumar v. State of Kerala 2022 LiveLaw(Ker) 464Sudheer Ram S. & Ors. v. KSRTC & Ors. 2022 LiveLaw (Ker) 465 Howe Engineering Projects (I) Pvt. Ltd. & Ors. v. State of Kerala & Ors. and M/S Adani Vizhinjam Port Pvt Ltd & Ors v. State of Kerala & Ors. 2022 LiveLaw Ker 466Jahir Hussain v. State of Kerala & Anr. 2022 LiveLaw(Ker) 467 Manager, Malankara Syrian Catholic Colleges & Ors v. Dr Reshmi P.R. & Ors and other connected cases 2022 LiveLaw (Ker) 468A. Krishnan v. The Kerala State Co-operative Marking Federation Ltd 2022 LiveLaw(Ker) 469 Shaju@Shaju v. State of Kerala & Anr. 2022 LiveLaw (Ker) 470General Convenor, Kerala State School Kalolsavam, 2017-2018 & Anr v. Arundhathi Krishna J. & Anr., and connected cases 2022 LiveLaw (Ker) 471K. M Basheer v. Rajani K.T & Ors and Connected cases 2022 LiveLaw(Ker) 472Judgments/Orders This WeekShareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High CourtCase Title: Rubber Wood India Pvt Ltd & Ors v. Manojkumar P.S. & Ors. and Rubber Board v. Manojkumar P.S. & Ors.Citation: 2022 LiveLaw (Ker) 456The Kerala High Court has made it clear that the shareholder of a company cannot be made an independent party in a dispute between the company and its workmen.The observation was made in connection with a dispute between Rubber Wood India Pvt Ltd and its workmen, whereby the Rubber Board, being a shareholder of the company, was arrayed as a party Respondent by the workmen.The Court held that the company, established under Central legislation namely Rubber Act, 1947, is an instrumentality of the Central Government, and accordingly the dispute falls under Section 10(2A)(1)(d) of the Industrial Disputes Act, 1947. It added that since the Rubber Board was only a shareholder in the said company, it could not be impleaded as a party in adjudication of a dispute between the workmen and their employers in relation to management of the Company.Justice Amit Rawal, while disposing the two writ petitions that were filed on common questions of fact and law, further observed that where an Interim Resolution Professional has been appointed, if proceedings before the Tribunal were not midway, the workmen could file their claims before the former who then, ought to adjudicate their claims strictly as per the Regulations.Court In Area Where Minor Ordinarily Resides Has Jurisdiction In Guardianship Case, Citizenship Of Child/ Parents Has No Bearing: Kerala High CourtCase Title: James Robert Edward Peirce & Ors. v. Anna Mathew & Ors.Citation: 2022 LiveLaw(Ker) 457The Kerala High Court recently held that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".A Division Bench consisting of Justice A Muhamed Mustaque and Justice Sophy Thomas observed that citizenship or domicile of the father of a child, or the fact that rightly or wrongly the child had acquired a foreign passport, will have no bearing in determining the jurisdiction.Can't Deny Occupancy Certificate For Constructions Granted Building Permit Prior To S.27A Kerala Conservation Of Paddy & Wet Land Act: High CourtCase Title: Usha Rajan v. Tripunithura Municipality & Ors. and S. Umesh Shenoy v. Tripunithura Municipality & Ors.Citation: 2022 LiveLaw(Ker) 458The Kerala High Court recently, while disposing of two Writ Petitions, held that an Occupancy Certificate cannot be denied on the ground that the land where the building is constructed is a paddy land or wetland in respect of a building which was constructed as per a valid building permit issued prior to the coming into force of the amended provisions of the Kerala Conservation of Paddy Land and Wetland 2008 Act (30.12.2017).Justice N. Nagaresh observed that when an application for an Occupancy Certificate in respect of a building which was constructed as per a valid building permit issued prior to 30.12.2017 is made, the Authorities cannot take umbrage under Section 14 to deny an Occupancy Certificate to the building on the ground that the land where the construction was made is a paddy land or wetland.Whether Subordinate Judges' Courts Have Jurisdiction To Grant Leave, Try &...

Kerala High Court Weekly Round-Up: August 29 - September 4, 2022

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