Kerala High Court- Weekly Round-Up: December 11- December 17, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 719- 737]Maya Venu v. Power Grid Corporation of India & Ors. and other connected matters, 2023 LiveLaw (Ker) 719P.H.Fathima V State Of Kerala, 2023 LiveLaw (Ker) 720Satheesh Babu v. State of Kerala & Anr., 2023 LiveLaw (Ker) 721K.N. Abdul Gafoor v. M/S Kasmisons Builders Pvt. Ltd. & Ors., 2023 LiveLaw (Ker) 722Sajani V Sabu, 2023 LiveLaw (Ker) 723Praveena Ravikumar v State Election Commission & Connected Case, 2023 LiveLaw (Ker) 724Abdul Majeed v. State of Kerala & Anr., 2023 LiveLaw (Ker) 725 Animals and Nature Ethics Community (ANEC) v. Union of India & Ors., 2023 LiveLaw (Ker) 726 Dr. Athira P. v. State of Kerala & Ors. and connected matter, 2023 LiveLaw (Ker) 727State of Kerala & Ors. v. P.V. Kuryan, 2023 LiveLaw (Ker) 728B Suresh v Chief Engineer & Administrator, 2023 LiveLaw (Ker) 729Akhil S Kumar v Bar Council of India, 2023 LiveLaw (Ker) 730Vibin Meleppuram v. Denny Thomas & Anr., 2023 LiveLaw (Ker) 731 Baburaj & Ors. v. Janeesh P.S. & Ors. and connected matters, 2023 LiveLaw (Ker) 732Rama v. State of Kerala & Anr., 2023 LiveLaw (Ker) 733 Asokan K M v State Of Kerala, 2023 LiveLaw (Ker) 734Jayakumar J. & Anr. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 735Badha Ram v Intelligence Officer, 2023 LiveLaw (Ker) 736Kerala Infrastructure Investment Fund Board (KIIFB) v. Director, Directorate of Enforcement and connected matter, 2023 LiveLaw (Ker) 737Judgment/Orders Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High CourtCase Title: Maya Venu v. Power Grid Corporation of India & Ors. and other connected mattersCitation: 2023 LiveLaw (Ker) 719The Kerala High Court clarified that under Section 10(d) of the Telegraph Act, 1885, the compensation for damages sustained by landowners is not confined to the initial cutting of trees, but also if any further work in the property results in damages to the landowner."By using the terminology 'any damage' the legislature has consciously widened the landowners' right to claim compensation. The compensation for damage sustained is therefore not confined to the initial cutting of trees and drawing of lines. If the telegraph authority does any further work in the property after drawing the lines and such action results in the landowner sustaining damage, he can claim compensation, even if he was paid compensation for the damage sustained earlier. The above reasoning is supported by the concept of continuing cause of action, whereby a cause action once arisen will continue and go on, if the act complained of is continuously repeated. Yet another reason being that, every work done in a person's property by another without permission, infringes upon the owner's right to enjoy his property without let or hindrance," Justice V.G. Arun observed.[Kerala Building Tax Act] District Collector Can Exercise Revisional Power Against Assessment Order: Kerala High CourtCase title: P.H.Fathima V State Of KeralaCitation: 2023 LiveLaw (Ker) 720The Kerala High Court observed that as per Section 13 of the Kerala Building Tax Act 1975, the District Collector may exercise revisional power against an assessment order. The Court made it clear that the revisional power of the District Collector was not just limited to an order passed in appeal by the Revenue Divisional Officer.Aggrieved by the rejection of the assessment order by the District Collector in revision, the petitioner has approached the High Court. Justice Dinesh Kumar Singh while quashing the order of the District Collector stated thus: “From the bare perusal of Section 13, it can be gathered that the District Collector may exercise the revisional power against the assessment order, and it is not limited only to the order passed in appeal under Section 11 by the Revenue Divisional Officer. Of course, the power of revision against the assessment order or the appellate order is to be exercised within the parameters provided under Section 13.”Pala Nun Murder | Kerala High Court Confirms Accused's Murder Conviction; Sets Aside Rape ChargeCase Title: Satheesh Babu v. State of Kerala & Anr.Citation: 2023 LiveLaw (Ker) 721The Kerala High Court confirmed the conviction of the 38 year old accused of murdering a sexagenarian nun in the year 2015 under Section 302 of IPC.The Division Bench comprising Justice P.B. Suresh Kumar and Justice Johnson John discerned that the circumstantial evidence adduced by the prosecution established beyond doubt that the accused had caused the death of the nun, although there was no evidence as regards the weapon used by him to cause her death.It however set aside the conviction under Section 376 IPC for rape, since there was no evidence as to the time of the death of the victim for determining whether she had been alive at the time of commission of rape.S.274 Companies Act | NCLT Can Only Direct Company & Not It's Shareholders To File Written Statement & Objections During Winding Up:...

Kerala High Court- Weekly Round-Up: December 11- December 17, 2023

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