Kerala High Court Weekly Round Up: March 28 To April 3, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 149 - 159]Chandra Choodan Nair S. v. State of Kerala, 2022 LiveLaw (Ker) 149 M.V. Chackochan & Ors v. Union of India & Ors. & connected matters., 2022 LiveLaw (Ker) 150 Sulaiman v. State of Kerala & Ors., 2022 LiveLaw (Ker) 151 Suo motu v. State of Kerala, 2022 LiveLaw (Ker) 152 Sunil N.S v. State of Kerala, 2022 LiveLaw (Ker) 153 Nair Service Society v. State of Kerala & Ors, 2022 LiveLaw (Ker) 154Udaya Sounds v. Principal Commissioner of Income Tax & Ors., 2022 LiveLaw (Ker) 155K.A John & Anr v. State of Kerala & Ors., 2022 LiveLaw (Ker) 156Nisha Haneefa v. Abdul Latheef & Ors., 2022 LiveLaw (Ker) 157Leelamma Eapen v. District Magistrate & Ors, 2022 LiveLaw (Ker) 158Vijayakumar v State of Kerala, 2022 LiveLaw (Ker) 159Judgments This Week 1. Govt Servants Can't Participate In Any Strike; Absence From Work 'Dies Non': Kerala High CourtCase Title: Chandra Choodan Nair S. v. State of KeralaCitation: 2022 LiveLaw (Ker) 149The High Court barred the government employees from participating in the ongoing two-day nationwide strike organised by the National Convention of Workers against the policies of the Centre while directing the State to declare dies non on the protest days. It declared that the participation of government servants in the ongoing two-day strike is 'illegal'. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly directed the State to issue directions prohibiting the same while adding that no government servant shall participate in the strike as it was against Rule 86 of the Kerala Government Servants' Conduct Rules, 1960.2. K-Rail Silverline - No Illegality In State Invoking LARR Act For Land Acquisition : Kerala High CourtCase Title: M.V. Chackochan & Ors v. Union of India & Ors. & connected matters.Citation: 2022 LiveLaw (Ker) 150The Court held that the State government was justified in acquiring land in furtherance of its K-Rail SilverLine Project invoking provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). Justice N. Nagaresh observed that the Railways Act, 1989 would not apply to this case since the Silver Line Project was not yet declared as a Special Railway Project by the Centre.3. Victim Can't Prefer Appeal U/S 372 CrPC Proviso Challenging Adequacy Of Sentence Imposed On Convict: Kerala High CourtCase Title: Sulaiman v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 151The Court recently ruled that one cannot prefer an appeal under provide to Section 372 of the Code of Criminal Procedure against a trial court's order, challenging the adequacy of sentence imposed upon the convict. Observing so, a Division Bench of Justice K. Vinod Chandran and C. Jayachandran dismissed a criminal appeal adding that such an appeal can only be preferred by the State under Section 377 of CrPC.4. News Report Claiming Devotees Made To Wash Feet Of 12 Brahmins At Temple False: Kerala HC Drops Suo Motu CaseCitation: 2022 LiveLaw (Ker) 152The Court refused to interfere with a long-standing ritual at the Sree Poornathrayeesa Temple, Thripunithara, where the temple tantri washes the feet of 12 priests. A Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar had taken suo motu cognisance of a news report alleging that in the said Temple, devotees were made to wash the feet of 12 brahmins for the atonement of their sins. However, upon verifying, it was brought out that the news report was incorrect.Also Read: 'With Immense Power Comes Burden Of Responsibility': Kerala High Court Asks Media To Refrain From Publishing Unverified/False Information5. Actor Sexual Assault Case | Kerala High Court Denies Bail To Prime Accused Pulsar SuniCase Title: Sunil N.S v. State of KeralaCitation: 2022 LiveLaw (Ker) 153The Kerala High Court on Tuesday declined to grant regular bail to Pulsar Suni, the prime accused in the sensational 2017 sexual assault case where a prominent actress was abducted and raped in a moving vehicle pursuant to a conspiracy. Justice P.V. Kunhikrishnan rejected the application noting that bail cannot be granted at this stage. It will convey a wrong signal to the society, the Court said.6. 'Can't Conduct Survey To Ascertain EWS Eligible For 10% Reservation': State Submits, Kerala HC Disposes PleaCase Title: Nair Service Society v. State of Kerala & OrsCitation: 2022 LiveLaw (Ker) 154The Court disposed of the plea filed by Nair Service Society seeking the implementation of the comprehensive survey suggested by the Justice AV Ramakrishna Pilla Commission to ascertain the economically weaker sections (EWS) in the State who are eligible for 10% reservation as per the 103rd Constitutional amendment. Justice P.V. Kunhikrishnan disposed of the petition after the State submitted that owing to its financial state and the aftermath of the Covid pandemic, it was not in a position to implement the said recommendation for a comprehensive survey.7. Non...

Kerala High Court Weekly Round Up: March 28 To April 3, 2022

Hannah M Varghese

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