Kerala High Court Weekly Roundup [January 10 to January 15, 2022]

1. Private Medical Colleges Collecting Annual Fees In Advance Before Completion Of Current Academic Year 'Profiteering' : Kerala High CourtCase Title: Sanju Simon & Ors v. State of Kerala & Ors Citation: 2022 LiveLaw (Ker) 13While restraining private medical colleges in the State from collecting fees for any academic year other than the one currently being taught, the Court has held that collecting annual fees from students for the next year in advance when the previous year's studies have not been completed by an institution would amount to "profiteering".A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. justified its stand observing that conceptually a fee was remuneration for a service already rendered.2. Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High CourtCase Title: Meria Joseph v. Anoop S. PonnattuCitation: 2022 LiveLaw (Ker) 14While considering a series of transfer petitions moved by a woman, the Court ruled that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.Justice A. Badharudheen dismissed the transfer petitions observing that allowing such pleas would result in cases being transferred frequently.3. Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High CourtCase Title: Thomas P. & Anr v. State of Kerala & OrsCitation: 2022 LiveLaw (Ker) 15The Court recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption. After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. Anitha observed:"In the said circumstance, the finding of the learned District Judge that the court is not a proper forum and they have to approach the Child Welfare Committee is illegal and perverse."4. Kerala High Court Dismisses Appeal Against Interim Order Staying GO Fixing Bottled Water Prices At ₹13Case Title: State of Kerala & Ors v. Kerala Packaged Drinking Water Manufacturers AssociationCitation: 2022 LiveLaw (Ker) 16The Court dismissed the appeal challenging a Single Judge decision that stayed the government order fixing the price of bottled water in the State at Rs. 13 citing the State's lack of jurisdiction. During the previous hearing of the case, the Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly had refused to stay the single bench decision while issuing notice to the respondents.5. Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High CourtCase Title: Subramaniyan N.N. v. Anwar C.K. & Ors.Citation: 2022 LiveLaw (Ker) 17The Court has held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redressed as per the provisions of the Arbitration and Conciliation Act, 1996. Ruling that there should not be any judicial interference in the course of the arbitral proceedings for redressal of such grievances, Justice P.B. Suresh Kumar recalled that Section 5 of the Act which begins with a non-obstante clause provides that in matters governed by Part I of the Act, there shall not be any judicial interference except where so provided in the said Part.6. Persons With Disability Form A Homogenous Class By Themselves, Not Similar To SC/ST Community: Kerala High CourtCase Title: Sumith V. Kumar & Anr v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 18The Court ruled that the State government was authorised to recognise classes of persons with distinct attributes and treat them differently under law while upholding that the different quantum of reservation for Scheduled Castes/Scheduled Tribes (SC/ST) and persons with disability in the NEET-2021 do not violate their right to equality.While dismissing a petition, Justice N. Nagaresh observed that persons with disabilities constituted a separate homogenous class by themselves and that their disability was physical rather than pertaining to social backwardness.7. Non-Commercial Associations Can Use 'Kerala', 'India' In Their Names : Kerala High CourtCase Title: Riyasudheen K. & Ors v. Inspector General of Registration & Anr.Citation: 2022 LiveLaw (Ker) 19The Court recently ruled that an association formed by private individuals cannot be prevented from naming after 'Kerala' or 'Bharat' or 'India' under the Emblems and Names (Prevention of Improper Use) Act, 1950 if their activities are not related to any trade or business.Justice N. Nagaresh observed that the said Act only banned the naming of commercial entities after India or Kerala: "Since the petitioners' Association is not an Association related to any trade, business, calling or profession, it is declared that the provisions of the Emblems and Names (Prevention of Improper Use) Act, ...

Kerala High Court Weekly Roundup [January 10 to January 15, 2022]

Hannah M Varghese

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