Kerala High Court Weekly Round-Up: May 23 To May 29, 2022
Hannah M Varghese
29 May 2022 3:10 PM GMT
Nominal Index [Citations 2022 LiveLaw (Ker) 236 - 247]E.K. Rajan v. The Authorized Officer, Canara Bank, 2022 LiveLaw (Ker) 236P.C. George v. State of Kerala, 2022 LiveLaw (Ker) 237Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors, 2022 LiveLaw (Ker) 238X v. State of Kerala & Ors, 2022 LiveLaw (Ker) 239Renjith Maheshwary v. Union of India & Ors, 2022 LiveLaw (Ker)...
Nominal Index [Citations 2022 LiveLaw (Ker) 236 - 247]
E.K. Rajan v. The Authorized Officer, Canara Bank, 2022 LiveLaw (Ker) 236
P.C. George v. State of Kerala, 2022 LiveLaw (Ker) 237
Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors, 2022 LiveLaw (Ker) 238
X v. State of Kerala & Ors, 2022 LiveLaw (Ker) 239
Renjith Maheshwary v. Union of India & Ors, 2022 LiveLaw (Ker) 240
Ravis Exporters v. Union of India, 2022 LiveLaw (Ker) 241
Raphy John v. Land Revenue Commissioner, 2022 LiveLaw (Ker) 242
Dr. Parvathy S v. Director General of Health Services & Ors, 2022 LiveLaw (Ker) 243
State Of Kerala vs Bijesh Kumar M, 2022 LiveLaw (Ker) 244
Saji Thomas Vs Assistant Commissioner, 2022 LiveLaw (Ker) 245
R.Ramaraja Varma v. State of Kerala, 2022 LiveLaw (Ker) 246
P.C. George v. State of Kerala, 2022 LiveLaw (Ker) 247
Judgments This Week:
Case Title: E.K. Rajan v. The Authorized Officer, Canara Bank
Citation: 2022 LiveLaw (Ker) 236
The Kerala High Court has ruled that the three methods of serving, affixing and publishing a notice of 15 days for subsequent sales, as provided under Rule 9(1) of the Security Interest (Enforcement) Rules, 2002, is mandatory in nature and the said requirement cannot be tampered with. Justice Bechu Kurian Thomas quashed the sale notice issued under the provisions of the SARFAESI Act on the ground that the statutory requirement of a 15 days clear notice for subsequent sale was not satisfied. The Court held that the said notice of sale was bad in law and the consequent sale was liable to be set aside.
2. Kerala High Court Grants Interim Anticipatory Bail To Politician PC George In Hate Speech Case
Case Title: P.C. George v. State of Kerala
Citation: 2022 LiveLaw (Ker) 237
The Kerala High Court granted interim anticipatory bail to senior political leader PC George in a hate-speech case over alleged statements against Muslims. A single bench of Justice P Gopinath passed the order, considering the fact that the offences under Section 153A and 295A of the Indian Penal Code are punishable with less than 3 years imprisonment, and that George has been an MLA for over 30 years and is unlikely to abscond.
Case Title: Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors.
Citation: 2022 LiveLaw (Ker) 238
The Kerala High Court recently modified the interim ex-parte gag order against Reporter TV restricting it from publishing/broadcasting/telecasting 'any item' concerning actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for three weeks. Justice Devan Ramachandran and Justice Sophy Thomas vacated the impugned order to the extent to which it has restrained the appellant from reporting 'any item' relating to Suraj noting that the said gag order imposed a restriction that was beyond the reasonableness established in Sahara India Real Estate Corporation Ltd & Ors v. SEBI & Anr by the Supreme Court.
Case Title: X v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 239
The Kerala High Court on Monday issued a set of suggestions for the State to consider to assist survivors of child abuse or sexual violence, while particularly emphasising the need to take steps to publicize the Toll-Free Number '112' as an Emergency Response Support System. Justice Devan Ramachandran reiterated that the growing number of cases of hapless victims being driven to stages of despondency bears testimony to the suspicion that the measures currently in place are not being implemented properly.
Case Title: Renjith Maheshwary v. Union of India & Ors.
Citation: 2022 LiveLaw (Ker) 240
The Kerala High Court on Tuesday disposed of the plea moved by the Olympian national record holder in triple jump Renjith Maheshwary challenging a press release issued by the Secretary, Department of Sports withholding the Arjuna Award previously conferred to him. Justice P.V. Kunhikrishnan asked Maheshwary to submit a representation along with all the documents available with him to the Centre for it to reconsider his grievance within 4 weeks and directed the Centre to decide on the same within 2 months.
Case Title: Ravis Exporters v. Union of India
Citation: 2022 LiveLaw (Ker) 241
The Kerala High Court has held that there was a total lack of application of mind in the order of the Committee of Executives (COE). There was a manifest failure to consider the explanation offered by the borrower/guarantor. The single bench of Justice Bechu Kurian has observed that the Review Committee also failed to consider or assess the order of the COE independently and failed to appreciate the failure to serve the order of COE on the petitioners.
7. No Quarrying Or Construction Work On Lands Assigned For Cultivation: Kerala High Court
Case Title: Raphy John v. Land Revenue Commissioner & connected matters.
Citation: 2022 LiveLaw (Ker) 242
The Kerala High Court on Wednesday ruled that no quarrying activities are permitted on land assigned for cultivation and thereby directed the State Government to take steps for the resumption of such land, notify and exempt the provisions of required. Overruling a Single Judge decision, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly in a batch of petitions moved by filed by the quarry owners and the Stated related to quarrying in lands assigned for rubber cultivation at the State's capital.
8. NEET-SS: Kerala High Court Orders Fresh Mop Up Rounds For A Vacant Seat At Kottayam Medical College
Case Title: Dr. Parvathy S v. Director General of Health Services & Ors.
Citation: 2022 LiveLaw (Ker) 243
The Kerala High Court on Wednesday issued an interim direction to the Director General of Health Services and Medical Counselling Committee (MCC) to conduct a fresh mop up counselling for the seat of DM Neurology lying vacant in the Kottayam Medical College. This seat had become vacant due to the resignation of a student who had already joined based upon the first round of counselling on getting admission to AIIMS New Delhi within a week.
Case Title: State Of Kerala vs Bijesh Kumar M.
Citation: 2022 LiveLaw (Ker) 244
The Kerala High Court on Thursday dismissed review petitions filed against its judgment which held that Guruvayoor Devaswom Managing Committee has no authority to contribute any amount from the Devaswom Funds to Chief Minister's Distress Relief Fund or to any other Governmental agency. The Full bench comprising Justices Anu Sivaraman, Shircy V. and M.R. Anitha pronounced the judgment today dismissing Review Petitions filed by the State Government.
10. Credit Notes Not Affecting Input Tax Can't Be Treated As Taxable Turnover: Kerala High Court
Case Title: Saji Thomas Vs Assistant Commissioner
Citation: 2022 LiveLaw (Ker) 245
The Kerala High Court bench of Justice S.V. Bhatti, Bechu Kurian Thomas, and Justice Basant Balaji has held that credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 subsection (iii) Explanation VII of the Kerala Value Added Tax Act. The court observed that the State Legislature has jurisdiction to define and decide the taxable events, turnover, taxable turnover, total turnover, taxable persons, the measure of tax, and the rate of tax under the Act. As part of its policy of imposing compensatory taxes on the above-stated situations, the Legislature, in its wisdom and experience, defines what constitutes a sale price, purchase price, turnover, etc.
11. 'Organizers Responsible': Kerala High Court Directs Police To Take Action Against The Rally Organisers In Light Of Provocative Slogans By Child
Case Title: R.Ramaraja Varma v. State of Kerala
Citation: 2022 LiveLaw (Ker) 246
The Kerala High Court on Friday observed that rally organisers were equally responsible if any controversial remarks/slogans are made during the rally disrupting the peace of the society. Justice P.V. Kunhikrishnan directed the police to take appropriate actions against the rally organizers. The court made the observations in a plea for a prohibition on public conferences, marches, mass drills, and motorcycle rallies in the 'Jana Maha Sammelanam' conducted by the Popular Front of India (PFI) last Saturday in the Alappuzha district.
12. Kerala High Court Grants Bail To Ex- MLA PC George In Hate Speech Cases
Case Title: P.C. George v. State of Kerala.
Citation: 2022 LiveLaw (Ker) 247
The Kerala High Court on Friday granted bail to Ex- MLA PC George in both hate speech cases. Justice Gopinath has allowed the petitions filed by P.C George with respect to two cases registered by Kerala Police, for alleged anti-Muslim statements made at two separate events held at Thiruvananthapuram and Ernakulam respectively.
Also Read: PC George Seeks Regular Bail In Hate Speech Case, Kerala High Court To Consider Today
Other Significant Developments
Case Title: Vijay Babu v. State of Kerala & Anr.
The Kerala High Court orally asked Malayalam actor-producer Vijay Babu to produce his return tickets to India so that it can hear him and consider his plea for anticipatory bail in the case where an actress accused him of sexually exploiting her. Justice Gopinath P. orally directed the actor to make himself available to the jurisdiction of the court.
14. Children Being Forced To Voice Provocative Slogans. Is It Legal?": Kerala High Court
The Kerala High Court on Monday expressed concerns about children being used in political and religious rallies and made to raise provocative slogans. A single bench of Justice P Gopinath wondered if using children for such activities was legal. The bench shared these concerns while adjudicating upon a group of cases involving minors and offences under the Protection of Children from Sexual Offences Act and opined that steps must be taken in favour of this goal.
Case Title: X v. State of Kerala & Ors.
Justice Kauser Edappagath of the Kerala High Court on Tuesday morning recused from hearing the petition moved by the survivor actress in the 2017 actor sexual assault case raising serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the 2017 actor assault case. Reports suggest that the survivor had sought for the case to be listed under a different Bench before the Registrar yesterday, yet the case was listed to be adjudicated by Justice Edappagath. When the matter was mentioned, the judge recused from hearing the case.
16. [K-Rail] SIA Conducted Via Digital Means, No More Survey Stones: State Informs Kerala High Court
Case Title: Muralikrishnan v. State of Kerala & connected matters
The Kerala High Court was informed by the State on Tuesday that the practice of placing survey marks has been done away with and the social impact assessment (SIA) for the K-rail project was being conducted through digital methods such as geo-tagging wherever the people take objection to lay survey stones for the survey. Justice Devan Ramachandran recorded this submission and observed that the endeavour of the court that it has been attempting to achieve so far through this litigation has now begun to bear fruit even without directions being issued.
Case Title: P.C. George v. State of Kerala
Senior politician P.C George has moved the Kerala High Court challenging the order passed by the Thiruvananthapuram First Class Judicial cancelling his bail granted in the first hate speech case. The case pertains to a speech delivered at a programme organised as part of the Ananthapuri Hindu Maha Sammelan, where he alleged that tea adulterated with drugs was sold to non-Muslims in Muslim-run restaurants to turn people infertile in a bid to seize control of the country. The former MLA had also urged the audience to boycott institutions and restaurants run by Muslims.
18. Actor Assault Case: Kerala High Court Grants Time To Government To File Statement
Case Title: X v. State of Kerala & Ors.
The Kerala High Court on Friday granted time to the government to file a statement in the plea moved by the survivor in the 2017 actor sexual assault case where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case. The matter was listed before Justice Ziyad Rahman where the state sought time to file a statement. Earlier this week, the matter was listed before Justice Kauser Edappagath, but the Judge had recused from hearing the matter upon the petitioner's request. The case was accordingly listed before Justice Rahman on the next day.
