Kerala High Court Weekly Round-Up: November 13 – November 19, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 649-665Mathews A v State of Kerala, 2023 LiveLaw (Ker) 649Ananthapuri Hospitals & Research Institute v Corporation of Thiruvananthapuram, 2023 LiveLaw (Ker) 650Janees P.S. v. Thrissur Municipal Corporation & Ors. and connected matters, 2023 LiveLaw (Ker) 651Sathy M.P. & Anr. v. Sarasa & Ors. and connected matter, 2023 LiveLaw (Ker) 652State of Kerala v N R Shaji, 2023 LiveLaw (Ker) 653Alex Mampuzha @ Alexander K v State Police Chief, 2023 LiveLaw (Ker) 654 United India Insurance Co. Ltd. v. Abdul Razaque O.V. & Anr., 2023 LiveLaw (Ker) 655Platino Classic Motors India Pvt. Ltd. v. Deputy Commissioner of Central Tax and Central Excise & Ors., 2023 LiveLaw (Ker) 656Saji Charivukala Puthenveedu v State of Kerala, 2023 LiveLaw (Ker) 657S Jayan v State of Kerala, 2023 LiveLaw (Ker) 658Secretary, Poovachal Grama Panchayat v. Secretary, Ombudsman for Local Self Government & Anr., 2023 LiveLaw (Ker) 659 Bastin Babu v State of Kerala, 2023 LiveLaw (Ker) 660 P.K. Uthuppu v. N.J. Varghese & Anr., 2023 LiveLaw (Ker) 662Bobby P. Kuriakose v. State of Kerala & Ors., 2023 LiveLaw (Ker) 663Sukumaran v. State of Kerala & Ors., 2023 LiveLaw (Ker) 664 Jeny Thankachan v. Union of India & Ors., 2023 LiveLaw (Ker) 665Judgments/Orders[Kerala Preventive Detention Law] High Court Confines Operation Of Externment Order Issued With Four Months DelayCase title: Mathews A v State of KeralaCitation: 2023 LiveLaw (Ker) 649The Kerala High Court has held that an externment order passed with much delay, after a period of four months in this case for instance, affects the proprietary of such order.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen thus confined the operation of externment order and observed,“Having adverted to the factual situation as above, as we find there is much delay affecting the proprietary of the impugned order, no interference is called for to set aside the order. However, also taking note of the fact that the order is already in operation for more than three months, we confine the operation of the externment order till today (10.11.2023).”Kerala High Court Directs Removal Of Encroachment On Road Margins Near National Highway, Says Notice Not RequiredCase title: Ananthapuri Hospitals & Research Institute v Corporation of ThiruvananthapuramCitation: 2023 LiveLaw (Ker) 650The Kerala High Court issued a direction for removal of encroachments from a property of the National Highway Authority (NHAI) in front of Ananthapuri Hospitals & Research Institute, Thiruvananthapuram. Allowing the petition, Justice Bechu Kurian Thomas directed the respondents to ensure that appropriate measures were taken to prevent the encroachers from returning.“The illegal occupation of road margins is even more evil when the occupation is in front of a hospital. The vice of such occupation has its tentacles rooted in several anti-social activities as well. Therefore, it is essential that the Corporation, the Police as well as the District Administration and even the National Highway Authorities act in unison to remove such encroachers and prevent a repetition of such offending acts.”'Decision of Majority Decision Of House': Kerala HC Rules That Minority Dissenter Of Municipal Council's Resolution Cannot Invoke Article 226 To Challenge SameCase Title: Janees P.S. v. Thrissur Municipal Corporation & Ors. and connected mattersCitation: 2023 LiveLaw (Ker) 651The Kerala High Court laid down that a losing minority or dissenter of a resolution taken by the Municipal cannot take recourse to the jurisdiction under Article 226 of the Constitution of India to challenge the resolution of the Municipal Council.Justice Bech Kurian Thomas was of the considered opinion that the Municipal council cannot challenge its own decision, and if such a procedure is given the stamp of legality, the same would result in an anomalous situation, since even a sole dissenting member would become entitled to challenge the decisions of the Municipality before higher forums, which is not permitted under law.Limitation Act | Party Not Entitled To Delay Condonation As A Matter Of Right Despite Showing 'Sufficient Cause': Kerala High CourtCase Title: Sathy M.P. & Anr. v. Sarasa & Ors. and connected matterCitation: 2023 LiveLaw (Ker) 652The Kerala High Court refused to condone a delay of 288 days in filing a review petition on the ground that the power of attorney holder could not file the same within the stipulated time, being a chronic asthma patient undergoing treatment for the illness.Perusing Section 5 of the Limitation Act which provides for the extension of the prescribed period in certain circumstances, the Single Judge Bench of Justice K. Babu observed: "The expression “sufficient cause” contained in Section 5 of the Limitation Act is elastic enough to yield different results depending upon the circumstances of the case. The criteria to be applied in condoning the delay in different...

Kerala High Court Weekly Round-Up: November 13 – November 19, 2023

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