Kerala High Court Weekly Round-Up: September 25 - October 1, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 509-530] Suo Moto V State of Kerala 2023 LiveLaw (Ker) 509Sanil Kumar V. v. Authorized Officer, Indian Overseas Bank 2023 LiveLaw (Ker) 510 Smitha T T v. Sreeroop V 2023 LiveLaw (Ker) 511Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. 2023 LiveLaw (Ker) 512Mansoor & Ors. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 513V.P. Nandakumar v. Assistant Director 2023 LiveLaw (Ker) 514Cochin Devaswom Board V Union of India 2023 LiveLaw (Ker) 515Prana Educational and Charitable Trust & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 516Muneer A. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 517K Sivanandhan V State of Kerala and other matters 2023 LiveLaw (Ker) 518Finil Biju V State of Kerala 2023 LiveLaw (Ker) 519Malathy Ravi v. State of Kerala & Ors. 2023 LiveLaw (Ker) 520M.N. Saji v. K.R. Krishnakumar 2023 LiveLaw (Ker) 521Justice Chettur Sankaran Nair v. Madhu Vadakkepatt 2023 LiveLaw (Ker) 522Sayanth S v State of Kerala 2023 LiveLaw (Ker) 523Anitha K. Varghese v. State of Kerala & Ors. 2023 LiveLaw (Ker) 524Antony Joseph v. The Sub-Registrar 2023 LiveLaw (Ker) 525Akhila Nandakumar v. State of Kerala & Ors. 2023 LiveLaw (Ker) 526Sangeetha R. v. The Secretary & Ors. 2023 LiveLaw (Ker) 527Rohit Krishna v. State of Kerala & Anr. 2023 LiveLaw (Ker) 528Soubiya & Anr. v. District Level Authorization Committee for Transplantation of Human Organs & Ors. and connected matter 2023 LiveLaw (Ker) 529Muhammad Salmanul Faris K Versus The Superintendent 2023 LiveLaw (Ker) 530Judgments/Orders This Week Kerala High Court Issues Directions To Ensure Fairness In Selection Of Melsanthies Of Sabarimala, Malikappuram TemplesCase title: Suo Moto V State of KeralaCitation: 2023 LiveLaw (Ker) 509 The Kerala High Court recently issued a slew of directions to be followed while appointing the Melsanthies of Sabarimala and Malikapuram Temple for the period 2023-2024 in a suo moto case registered to ensure fairness, transparency and adherence to the interview guidelines for shortlisting candidates.The Sabarimala and Malikappuram Temple come under the Travancore Devaswom Board, and traditionally Melsanthies of the temples are selected every year.The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas examined the precedents on the selection of Melsanthies and found that in Mohandas Embranthiri v. Travancore Devaswom Board (2001), the Travancore Devaswom Board being an entity of the State under Article 12 of the Constitution, has to follow proper procedure for the selection of Melsanthies.Writ Courts Need Not Interfere With Statutory Proceedings Under SARFAESI Act Except In Extraordinary Circumstances: Kerala High CourtCase Title: Sanil Kumar V. v. Authorized Officer, Indian Overseas Bank Citation: 2023 LiveLaw (Ker) 510The Kerala High Court has reiterated that writ courts should not interfere in matters pertaining to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'), particularly when the factual circumstances do not make out a specific case for issuance of the writs. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Anil K. Narendran observed: "When the tribunal constituted under the SARFAESI Act is expected to go into the issues of fact and law, including a statutory violation, the attempt made by the appellant to circumvent the particular mode prescribed under the statute shall not be encouraged by the writ court".RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High CourtCase title: Smitha T T v. Sreeroop V Citation: 2023 LiveLaw (Ker) 511The Kerala High Court has held that Registration Authorities like the Road Transport Officer (RTO) or the District Collector cannot be made liable to pay compensation for road accidents from uninsured vehicles. Justice Dinesh Kumar Singh observed that the owner of the vehicle has the primary responsibility to get the vehicle insured, so the owner alone or driver or both will be liable to pay compensation for road accident if the vehicle was not insured. “The primary responsibility is of the motor vehicle owner to get insured the motor vehicle. In case, if the motor vehicle owner fails to get the motor vehicle insured, the liability for payment of compensation would not fall upon to the registration authority. It means that the responsibility is of the owner alone or the driver or both to make payment of the compensation for the accident.” Subordinate Courts Empowered To Grant Leave, Try And Dispose Suits Relating To Public Charitable Trust U/S 92 CPC: Kerala High CourtCase Title: Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. Citation: 2023 LiveLaw (Ker) 512The Kerala High Court has laid down that the Subordinate Judge's Courts are vested with the jurisdiction to grant leave for institution of a suit relating to a public charitable trust, and thereafter try and dispose of the same...

Kerala High Court Weekly Round-Up: September 25 - October 1, 2023

Navya Benny

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