Kerala High Court Weekly Round-Up: February 20 To February 26, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 89-101]Kottayam Municipality & Anr. v. The Chairperson, Kerala State Human Rights Commission & Ors. 2023 LiveLaw (Ker) 89State of Kerala rep. by the Addl. Secretary to the Government v. The Chancellor, 2023 LiveLaw (Ker) 90Anilkumar & Anr. v. State of Kerala, 2023 LiveLaw (Ker) 91Gireesh V Antony, 2023 LiveLaw (Ker) 92Southern Railway V M R Ramakrishnan, 2023 LiveLaw (Ker) 93C.V. Balan & Ors. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 94The Institute of Human Resources Development (IHRD) v. Kerala State Human Rights Commission & Anr, 2023 LiveLaw (Ker) 95Sunil N.S. v. State of Kerala 2023 LiveLaw (Ker) 96V. Mohanlal v. State of Kerala & Ors. 2023 LiveLaw (Ker) 97Thachanalil Shyju V State of Kerala, 2023 LiveLaw (Ker) 98Anantha Narayanan & Others V Malabar Devaswom Board & Others, 2023 LiveLaw (Ker) 99Arun P Wilson and Others V State of Kerala and Others, 2023 LiveLaw (Ker) 100K.J. Abraham v. The District Geologist2023 LiveLaw (Ker) 101Judgments/Order This WeekState Human Rights Commission Vested With Jurisdiction To Order Compensation For Human Rights ViolationsCase Title: Kottayam Municipality & Anr. v. The Chairperson, Kerala State Human Rights Commission & Ors.Citation: 2023 LiveLaw (Ker) 89The Kerala High Court recently held that the State Human Rights Commission has jurisdiction to direct payment of compensation for human right violations.The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman passed the order in a case where a street vendor had been evicted by the Kottayam Municipality in a discriminatory manner, and without issuance of notice."The right of the 3rd respondent to carry on vending on street guaranteed by the Constitution is subject to the restrictions imposed by the Kerala Municipality Act, 1994. However, we find that the power of removal of encroachers vested in the Secretary under the Municipality Act is not exercised judicially and reasonably. The 3rd respondent's right to livelihood has been deprived otherwise than in accordance with a just and fair procedure established by law. Consequently, it follows that the Municipality has infringed the fundamental rights of the 3rd respondent under Article 21 of the Constitution", the Court observed.Ciza Thomas' Appointment As VC In-Charge Of KTU Is Temporary, State Can Recommend Other Names To Replace HerCase Title: State of Kerala rep. by the Addl. Secretary to the Government v. The ChancellorCitation: 2023 LiveLaw (Ker) 90The Kerala High Court on Thursday upheld a single bench order which refused to interfere with appointment of Professor (Dr.) Ciza Thomas as the Vice Chancellor in charge of the APJ Abdul Kalam Technological University.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, however emphasised that her appointment under Section 13(7) of the A.P.J. Abdul Kalam Technological University Act, 2015 is for a period not exceeding six months in the aggregate till the regular Vice-Chancellor assumes office.S.243 CrPC | Trial Court Bound To Issue Process To Witness Proposed By Accused Unless It Is Attempt To Defeat Ends Of JusticeCase Title: Anilkumar & Anr. v. State of Kerala Citation: 2023 LiveLaw (Ker) 91The Kerala High Court recently set aside the order of a Trial Court that rejected the prayer for summoning a witness cited by the accused, where there was nothing to indicate that the accused had attempted to defeat the ends of justice through seeking the examination of such proposed witness."Unless it is established that the application to summon a witness is made for vexation or delay or for defeating the ends of justice, the trial Court has no discretion in the issuance of process to compel the attendance of any witness cited by the accused. The trial Court is bound to issue process to the witness proposed by the accused in a case where there is nothing to show that the attempt of the accused is to defeat the ends of justice", the Single Judge Bench of Justice K.Babu observed while setting aside the impugned order of the Judicial First Class Magistrate Court, Kalamassery.Rent Decreed By Civil Court Is Liable To Be Included While Computing Admitted Arrears Under Rent Control ProceedingsCase Title: Gireesh V Antony Citation: 2023 LiveLaw (Ker) 92The Kerala High Court recently held that the arrears of rent decreed by a civil court, is liable to be included while computing the admitted arrears of rent under Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965.A Division Bench consisting of Justice P B Suresh Kumar and Justice Sophy Thomas observed that the object of Section 12 of the Act was to make sure that the tenant does not avail of the pendency of the petition for eviction for evading regular payment of rent which, even by the tenant’s own admission, is due to the landlord.Court Within Territorial Jurisdiction Of Seat Or Place Of Arbitration Alone Can Entertain Application U/S 34...

Kerala High Court Weekly Round-Up: February 20 To February 26, 2023

Sheryl Sebastian

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