Kerala High Court Weekly Round-Up: December 25 To December 30, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 760-766]Biju Sundar v State of Kerala, 2023 LiveLaw (Ker) 760Deepa P.M. & Anr. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 761K Tony Thomas v Vythiri Grama Panchayath, 2023 LiveLaw (Ker) 762XXXX v. State of Kerala & Anr., 2023 LiveLaw (Ker) 763Aswathy Surendran v Union of India, 2023 LiveLaw (Ker) 764Josepheena T.T. v. Thrissur Municipal Corporation & Anr., 2023 LiveLaw (Ker) 765XXX v State of Kerala, 2023 LiveLaw (Ker) 766Judgments/Orders This WeekKerala High Court Issues Directions For Ensuring Equal Opportunities For PwD Candidates In Higher Judicial Services AppointmentsCase Title: Biju Sundar v State of KeralaCitation: 2023 LiveLaw (Ker) 760The Kerala High Court has made it clear that a fine balance has to be found between the requirements of administration and the imperative to provide greater opportunities to PwD Candidates.The petitioner, in this case, challenged the 2023 notification for appointment as District & Sessions Judge in Kerala State Higher Judicial Service (KSHJS) by direct recruitment from bar (hereafter, notification) for being violative of the rights of disabled persons.Disposing of the writ petition, Justice Raja Vijayaraghavan V issued directions for the identification of posts, working out backlog vacancies, providing age relaxation, granting grace marks and filling up backlog vacancies through a special recruitment drive for ensuring full and equal rights to disabled persons to fulfil the constitutional mandate as per the Right of Persons with Disabilities Act, 2016. Intent Behind Organ Donation Cannot Be Doubted Merely Due To Donor's Poor Financial Background, Affects Individual Dignity: Kerala High CourtCase Title: Deepa P.M. & Anr. v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 761The Kerala High Court recently berated the Deputy Superintendent of Police (Dy.SP), Thrissur Rural, for refusing to issue a Letter of Altruism to a maid to enable her to donate her organ to her previous employer who is suffering from renal failure.Justice Devan Ramachandran observed that the said authority had refused to grant the Letter, on acting upon certain surmises and conjectures entered into by the Station House Officer of the Valapad Police Station (SHO) who doubted the intention behind the transplant on account of the poor financial background of the petitioner.[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HCCase title: K Tony Thomas v Vythiri Grama PanchayathCitation: 2023 LiveLaw (Ker) 762The Kerala High Court has made it clear that the District Disaster Management Authority (DDMA) cannot expand the term 'landslide prone area' without approval from the State Disaster Management Authority (SDMA).Relying upon Section 31 (2) of the Disaster Management Act, 2005, the Court held that the District Plan prepared by DDMA has to be approved by the State Authority.POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of PartiesCase Title: XXXX v. State of Kerala & Anr.Citation: 2023 LiveLaw (Ker) 763The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code (IPC) against a man alleged to have sexually abused the victim.Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony had been performed. The Court also took note that the proceedings were being sought to be quashed herein following the reconciliation and marriage of the parties.Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HCCase title: Aswathy Surendran v Union of IndiaCitation: 2023 LiveLaw (Ker) 764The Kerala High Court has made it clear that medical termination of pregnancy can only be sought when the competent medical board has diagnosed substantial foetal abnormalities.“Statutorily, under the mandate of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 ('Act' for short), it is only in cases where the foetus has substantial abnormalities diagnosed by the competent Medical Board, can the termination of pregnancy be sought for”.Justice Devan Ramachandran, on considering a plea moved by the petitioners-husband and wife did not approve the medical termination of the pregnancy of a 30-week-old foetus since the Medical Reports did not suggest lethal foetal abnormalities endangering the life of a newborn baby.Kerala Municipality Building Rules | Failure To Notify Property Transfer Can't Render Already Issued Building Permit Invalid: High CourtCase Title: Josepheena T.T. v. Thrissur Municipal Corporation & Anr.Citation: 2023 LiveLaw (Ker) 765The Kerala High Court has laid down that the failure to inform the...

Kerala High Court Weekly Round-Up: December 25 To December 30, 2023

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