Kerala High Court Weekly Round-Up: September 18 - September 24, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 488-508]Aparna Sasi Menon v. The Revenue Divisional Officer 2023 LiveLaw (Ker) 488Master A (Minor) V District Legal Service Authority 2023 LiveLaw (Ker) 489Fr. Geevarghese John @Subin John v. State of Kerala 2023 LiveLaw (Ker) 490Suseela & Ors. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 491Sanoj V K V Bharat Petroleum Corporation Ltd. 2023 LiveLaw (Ker) 492Kashyap Saigal v. State of Kerala & Anr. 2023 LiveLaw (Ker) 493Sujith Kumar S V Vinaya V S 2023 LiveLaw (Ker) 494Diya Agencies v. State Officer & Ors. 2023 LiveLaw (Ker) 495Ratheesh V v. S Mary 2023 LiveLaw (Ker) 496S Mangalan V The District Collector 2023 LiveLaw (Ker) 497Ramanadhan v. Raji 2023 LiveLaw (Ker) 498XXX v. State of Kerala & Ors. and connected matter 2023 LiveLaw (Ker) 499Santiago Martin v. Union of India & Ors. 2023 LiveLaw (Ker) 500Archa Unni V State of Kerala 2023 LiveLaw (Ker) 501Jisha Mohan v. Vishal V.M. 2023 LiveLaw (Ker) 502Sreedharan v. Ahsa 2023 LiveLaw (Ker) 503Neena T V State of Kerala 2023 LiveLaw (Ker) 504Royal Sundaram Alliance Insurance Co. Ltd. v VS Sujatha & Ors 2023 LiveLaw (Ker) 505Kerala State Tug of War Association v. Union of India & Ors. 2023 LiveLaw (Ker) 506The Kerala Administrative Tribunal Ernakulam Advocates Association V State of Kerala 2023 LiveLaw (Ker) 507Jayarajan B.C. v. Lakshmi Mallya & Ors. 2023 LiveLaw (Ker) 508Judgments/Orders This Week Paddy Land Act | Authority Must Consider Feasibility Of Paddy Cultivation While Deciding Plea To Delete Property From Data Bank: Kerala High CourtCase Title: Aparna Sasi Menon v. The Revenue Divisional OfficerCitation: 2023 LiveLaw (Ker) 488The Kerala High Court recently laid down that when a Form-5 application under Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 is considered by the competent authority for exclusion of certain land from the Data Bank, the predominant factor for consideration ought to be whether the land is one where paddy cultivation is possible and feasible. "In very small plots of land which are surrounded by commercial or residential buildings, though such land is described as paddy land in the revenue records and though it may be technically possible to cultivate the land with paddy, still such cultivation will not be ordinarily possible and financially feasible. In the case of lands having any extent, the factor whether there are proper irrigation facilities making the land suitable for paddy cultivation would be important. Even if the land is of a comparatively larger extent, if there are no irrigation and other requisite facilities, it cannot be said that the land is suitable for paddy cultivation, merely because it was once cultivated with paddy and it is described as paddy land in revenue records," Justice Nagaresh observed.Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor SonCase name: Master A (Minor) V District Legal Service Authority Citation: 2023 LiveLaw (Ker) 489The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them. Justice Devan Ramachandran, observed thus:“The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the parties. A specific finding to this effect, based on all necessary and crucial aspects ought to have found place in the orders impugned; but to that extent, I am of the view that it is wanting. I do not propose to speak any further because, am certainly of the view that the entire matter requires to be reconsidered by the DELSA in its true perspective.”Legislature Should Bring Proper Punishment For Defamatory Posts In This Era Of 'Social Media Mania': Kerala High CourtCase Tite: Fr. Geevarghese John @Subin John v. State of Kerala Citation: 2023 LiveLaw (Ker) 490The Kerala High Court has observed that there is no proper legislation providing punishment for defamatory posts circulated on social media. Bench of Justice PV Kunhikrishnan thus urged the legislature to seriously look into this aspect. The order stated,“Defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There is no proper punishment for such defamatory statements and posters on Facebook. The legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and Social Media mania in existence in our society.”Kerala High Court Refuses Legal Heirship Certificate To Kin Of Man Missing Since 2002, Says Legal Presumption/ Assessment Of His Death MustCase Title: Suseela & Ors. v. State of Kerala & Ors. Citation: 2023 LiveLaw (Ker) 491The Kerala High Court recently refused to grant Legal Heirship Certificate to the wife and daughters of a man who had gone missing in the year 2002, and could not be found...

Kerala High Court Weekly Round-Up: September 18 - September 24, 2023

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