Kerala High Court Weekly Round-Up: April 10 To April 16, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 178-194]Suo Motu V The Secretary To Government 2023 LiveLaw (Ker) 178XXX v. YYY 2023 LiveLaw (Ker) 179Sumesh U. & Anr. v. The Revenue Divisional Officer, Palakkad & Ors. and Saresh Sanker & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 180XXX v XXX 2023 LiveLaw (Ker) 181Google Inc. v. XXXX & Ors. and other connected matters 2023 LiveLaw (Ker) 182Surendra Babu v. State of Kerala & Ors. and Vellappally Natesan v. State of Kerala & Ors. 2023 LiveLaw (Ker) 183Dr. Naveen Prakash Nautiyal V Union Of India 2023 LiveLaw (Ker) 184Aji Krishnan V Union of India 2023 LiveLaw (Ker) 185 K Babu V Union Of India 2023 LiveLaw (Ker) 186Saheer S V Union Of India 2023 LiveLaw (Ker) 187 State of Kerala v. Sreeram Venkitaraman and Wafa Najim @ Wafa Firoz v. State of Kerala 2023 LiveLaw (Ker) 188Sebin Thomas v. Union of India & Ors. 2023 LiveLaw (Ker) 189M. Sivasankar v. Union of India & Anr. 2023 LiveLaw (Ker) 190K M Shaji V State of Kerala 2023 LiveLaw (Ker) 191Chaithanya V Union of India 2023 LiveLaw (Ker) 192Pannyan Raveendran v. Shamnad A. & Anr. 2023 LiveLaw (Ker) 193Thomas J Unniyadan v R Bindu 2023 LiveLaw (Ker) 194Judgments/Order This Week Kerala High Closes Suo Moto PIL Against Child Labour, Beggary; Directs Social Justice Dept To Monitor Govt InitiativesCase Title: Suo Motu V The Secretary To Government Citation: 2023 LiveLaw (Ker) 178The Kerala High Court recently directed the Kerala State Legal Services Authority (KELSA) to review the steps taken by it to protect and rehabilitate children engaged in begging and child labour, as well as the steps taken to combat drug abuse among children. The court also directed the Secretary to the Government of the Social Justice Department to monitor and review the initiatives taken by the Government in this regard.A division bench of Justice S Manikumar and Justice Murali Purushothaman passed the order while closing a public interest litigation aimed at reducing the number of children involved in child labour, begging, and trafficking in the state.Permitting Indian Citizen To Take Child Abroad Does Not Foreclose Right Of Other Spouse To Get Custody: Kerala High CourtCase Title: XXX v. YYY Citation: 2023 LiveLaw (Ker) 179The Kerala High Court recently held that granting permission to an Indian citizen to take his/her child abroad would not foreclose the right of the other spouse to get custody of the child. The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar compared the situation to that of procuring custody of a child who is habituated resident in a foreign Country. It observed that while enforcing custody orders relating to a habitual resident child in a foreign country may be difficult, that is not the case when an Indian parent is permitted to take his/her child abroad- since Indian courts will be able to enforce their orders on such parent as long as he/she continues to be an Indian citizen.It observed, "If the petitioner takes the child abroad as permitted by a court, there would not be any difficulty for enforcing the directions regarding custody of the child. The Family Court and this Court would be able to enforce such orders as long as the petitioner continues to be an Indian citizen. The enforcement of any such order is not similar to enforcement of custody orders relating to a habitual resident child in a foreign country".S. 27A Kerala Wetland Act | Conversion Fees Exempted For Property Less Than 25 Cents Purchased Even After 2017 Cut-Off: High CourtCase Title: Sumesh U. & Anr. v. The Revenue Divisional Officer, Palakkad & Ors. and Saresh Sanker & Anr. v. State of Kerala & Ors. Citation: 2023 LiveLaw (Ker) 180The Kerala High Court recently declared that the fees prescribed under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 with respect to conversion of a property purchased after December 2017, cannot be insisted if the property measures less than 25 cents. Bench of Justice Anu Sivaraman rejected the contention that 'any property' purchased after December, 2017 would lose the exemption even when the said property was less then 25 cents, even prior to the transaction. It observed, "A reading of the provisions of the Act, the Rules, the Schedule as well as Ext.R3(a) Government Order would make it amply clear that the exemption would be lost only in case there is a transaction after 30.12.2017 by which, a property having a larger extent is fragmented to make the individual parcels of land of an extent of less than 25 cents."Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HCCase Title: XXX v XXX Citation: 2023 LiveLaw (Ker) 181The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”. A...

Kerala High Court Weekly Round-Up: April 10 To April 16, 2023

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