Kerala High Court Weekly Round-Up: October 17 To October 23, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 525-536]Suhasini v. State of Kerala & Ors. 2022 LiveLaw(Ker) 525Chorayil Kunhiraman v. Sharaful Islam Madrassa Committee 2022 LiveLaw (Ker) 526G. Nagendran v. Kerala State Electricity Board & Anr. 2022 LiveLaw (Ker) 527Praveen K.R. & Anr v. State of Kerala & Ors. 2022 LiveLaw (Ker) 528Rinu Sreejaya Aswan @ Rinu S Aswan v. Union of India & Ors. 2022 LiveLaw (Ker) 529State of Kerala v. Civic Chandran @ V. Kuttan and XXXXX v. State of Kerala 2022 LiveLaw (Ker) 530Muhammed Shafi & Ors v. State of Kerala & Ors 2022 LiveLaw (Ker) 531K. T. Rajendran v. Director General & Ors. 2022 LiveLaw (Ker) 532Jithin @ Kannan v. State of Kerala & Anr. 2022 LiveLaw (Ker) 533The Manager, Sree Vivekananda Higher Secondary School v. State of Kerala & Ors and Other Connected Cases 2022 LiveLaw (Ker) 534Pavithralal B. R. v. Union of India & Ors. 2022 LiveLaw (Ker) 535M. Shabeer v. Anitha Bajee & Anr. 2022 LiveLaw (Ker) 536Judgements/Orders This WeekKerala Prison Rules | No Absolute Bar On Granting Parole To Convict Who Previously Absconded: High Court Case Title: Suhasini v. State of Kerala & Ors. Citation: 2022 LiveLaw(Ker) 525The Kerala High Court recently observed that as per Kerala Prisons and Correctional Service (Management) Rules 2010, there is no absolute bar in granting parole to the convict even if he had previously absconded. Justice Ziyad Rahman A. A observed, "... the purpose of imprisonment is not confined to creating a deterrent effect alone, but it is intended to reform the prisoner as well. If the petitioner's husband has been keeping a good track record inside the prison for the past 11 years from the date he was brought back after he absconded, it is certainly an indication of reformation. Moreover, the likelihood of getting parole would be an incentive for such a prisoner to maintain his good behaviour in prison and on the other hand, an absolute denial of the same may result in adverse consequences".Landlords Exempted From Kerala Rent Control Act Free To Waive Such Benefit: High CourtCase Title: Chorayil Kunhiraman v. Sharaful Islam Madrassa Committee Citation: 2022 LiveLaw (Ker) 526The Kerala High Court recently held that landlords who are exempted from application of all or any of the provisions of the Kerala Building (Lease and Rent Control) Act, 1965 are free to waive such exemption. The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha held that the exemption granted under Section 25 of the Act is a 'privilege' which the landlords may waive. It observed: "...a notification under Section 25 has been issued by the Government by which certain building or class of buildings have been taken out of the purview of the Act. Therefore it is a benefit or privilege that has been extended or given to the landlords or owners of such buildings, which they are free to waive".Electricity Dues Of Previous Consumer Create First Charge On Property: Kerala High CourtCase Title: G. Nagendran v. Kerala State Electricity Board & Anr. Citation: 2022 LiveLaw (Ker) 527The Kerala High Court on Friday observed that though the subsequent purchaser of a property is not liable to pay the dues owed to the Electricity Board by a previous owner; however, the dues from the previous consumer would create a first charge on the property in question. Justice Shaji P. Chaly further clarified that the Electricity Board is entitled to recover the dues by proceeding against the property over which a charge is created, consequent to non-payment of the electricity dues by the previous consumer. "...Even though the subsequent purchaser of a property is not liable to pay the dues of a previous owner, the dues from the previous consumer would create a first charge on the property in question; thereby meaning that the board is entitled to recover the dues proceeding against the property over which a charge is created consequent to non-payment of the electricity dues by the previous consumer".Kerala PSC Rules| No Extension Of Rank Lists Upto Date That Coincides With Expiry Of 1 Month After Last Batch Of Persons Advised Under Extended Period Commenced Training: High CourtCase Title: Praveen K.R. & Anr v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 528The Kerala High Court on Monday interpreted the 1st proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, and held that the provision does not mean that the validity of rank lists issued by the Kerala Public Service Commission would have to be extended by a further period up to the date that coincides with the expiry of one month after the last batch of persons advised under the extended period commenced their training.The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P., observed that holding to the contrary would result in an endless loop. Taking note of the facts of the case, it was observed that this would mean, "... All vacancies reported till (the date on...

Kerala High Court Weekly Round-Up: October 17 To October 23, 2022

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