Kerala High Court Weekly Round-Up: October 24 To October 30, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 537-554]Self Financing Arts & Science College Managements Welfare Association (KSMA) v. State of Kerala & Ors and Sharaf Arts and Science College Committee v. State of Kerala & Ors. 2022 LiveLaw (Ker) 537 Dr. R. Prakash v. State of Kerala & Ors. 2022 LiveLaw (Ker) 538 Dhanlaxmi Bank Ltd v. K.N. Madhusoodanan & Ors. and Dhanlaxmi Bank Ltd. v. P.K. Vijayakumar @ Puthalathkuttan Nair Vijayakumar & Ors 2022 LiveLaw (Ker) 539Case Title: B. Madhukumar Vs Commercial Tax Officer 2022 LiveLaw(Ker) 540Jancy Joseph v. State of Kerala & Ors. 2022 LiveLaw(Ker) 541 State Information Commission v. C. V. Rajendran and Ors. 2022 LiveLaw (Ker) 542P.V. Mathai v. State of Kerala & Anr 2022 LiveLaw (Ker) 543Jollyamma V. Thomas v. State of Kerala & Ors. 2022 LiveLaw(Ker) 544Sabu Thomas v. The Chancellor, Mahatma Gandhi University & Ors. and Other Connected Cases 2022 LiveLaw (Ker) 545 Renoj R.S. v. State of Kerala & Anr 2022 LiveLaw (Ker) 546Dr. Nicky K. Xavier v. State of Kerala & Ors. and Dr. Nicky K. Xavier v. Dr. P. Balakrishnan & Ors 2022 LiveLaw (Ker) 547M.M. Madhavan Namboodiri & Ors v. The Tahsildar Thamarasseri & Ors. 2022 LiveLaw (Ker) 548Abeyson P John v. Station House Officer & Ors. 2022 LiveLaw(Ker) 549Cardinal Mar George Alencherry v. State of Kerala 2022 LiveLaw (Ker) 550 Mathew Joseph v. The Registrar of Co-operative Societies & Ors. 2022 LiveLaw(Ker) 551George Jose P.J. v. State of Kerala 2022 LiveLaw (Ker) 552Shilpa Nair v. State of Kerala (Deleted) 2022 LiveLaw (Ker) 553 Sandra Stephen v. State of Kerala & Ors. 2022 LiveLaw (Ker) 554Orders/Judgments This WeekKannur University VC Cannot Construe Himself To Be Armed With Unlimited Power: Kerala High Court, Quashes Sanction For Private CollegeCase Title: Self Financing Arts & Science College Managements Welfare Association (KSMA) v. State of Kerala & Ors and Sharaf Arts and Science College Committee v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 537The Kerala High Court recently set aside the Administrative Sanction issued by the Government to Kannur University in favour of TKC Education and Charitable Society (TKC) for starting a new Arts and Science College for the academic year 2022-23. The court said the Vice Chancellor of the University had acted beyond the scope of his powers while considering TKC's application, which admittedly was incomplete.Justice Devan Ramachandran said the VC has been statutorily vested with great powers when it requires immediate action, enabling him to exercise any power vested with the Syndicate or Academic Council of the University.'Rules Condone A Situation Where Patient Avails Emergency Treatment In Non-Empanelled Hospital': Kerala HC On Reimbursement Claim In Liver Transplant CaseCase Title: Dr. R. Prakash v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 538The Kerala High Court recently directed the state government to reconsider its decision in a case where an application for reimbursement was rejected because Apollo Hospital, where the patient had gone for treatment in 2011, was a non-recognized hospital under the Medical Reimbursement Scheme and no prior permission had been obtained for availing the treatment there.Justice Devan Ramachandran said the incident happened in 2011 "when surely our systems were far behind from what we see today". No decision could have been taken by the government without making a proper investigation as to whether treatment availed of by the petitioner was absolutely necessary or whether he had any alternative in Kerala, said the court.Election To Board Of Directors In Banking Company A Private Affair; Writ Not Maintainable: Kerala High CourtCase Title: Dhanlaxmi Bank Ltd v. K.N. Madhusoodanan & Ors. and Dhanlaxmi Bank Ltd. v. P.K. Vijayakumar @ Puthalathkuttan Nair Vijayakumar & OrsCitation: 2022 LiveLaw (Ker) 539The Kerala High Court on Tuesday held that writ petitions cannot be instituted against the matter of rejection of nomination for election to the post of Director in the Board of a private banking company.The Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly while in appellate jurisdiction found that the writ petitions before the Single Judge were not maintainable. it observed, it may be true that the Dhanalakshmi Bank, though a private Bank, may be discharging certain duties with respect to receipt of deposits and issue of loans and other financial activities. But the said duty cast upon a private Bank like the appellant, even assuming it as a public duty, has nothing to do with the election to the Director Board of the banking company, whose activity is confined to the realm and control of the shareholders of the appellant company.VAT Defaulter Not Liable To Pay Collection Charges If Opts Amnesty Scheme: Kerala High CourtCase Title: B. Madhukumar Vs Commercial Tax OfficerCitation: WP(C) No. 14030 Of 2020Citation: 2022 LiveLaw(Ker) 540The Kerala High Court has held that collection charges are not...

Kerala High Court Weekly Round-Up: October 24 To October 30, 2022

Athira Prasad

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