Kerala High Court Weekly Round-Up: November 27-December 3, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 685-702Udayakumar v State of Kerala, 2023 LiveLaw (Ker) 685The Corporate Manager v. Beena Hilkushi and Ors., 2023 LiveLaw (Ker) 686Babumon K.G. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 687 Sreekuttan S. v. Sree Keralavarma College & Ors.,2023 LiveLaw (Ker) 688P.N.Saseendran V Kalamassery Municipality,2023 LiveLaw (Ker) 689Jayakrishna Menon v State of Kerala, 2023 LiveLaw (Ker) 690 Faizal Abdul Samad v. A.N. Sasidharan & Anr., 2023 LiveLaw (Ker) 691Krishnapriya K P V State of Kerala, 2023 LiveLaw (Ker) 692Afsal Hussain v. K.S. Muhammed Ismail & Anr., 2023 LiveLaw (Ker) 693S. Sadananda Naik v. The Ministry of Road Transport and Highways & Ors., 2023 LiveLaw (Ker) 694Shihad M.P. v. State of Kerala & Anr., 2023 LiveLaw (Ker) 695M. Liju v. Kerala State Election Commission & Anr.,2023 LiveLaw (Ker) 696XXX v. District Collector & Ors., 2023 LiveLaw (Ker) 697Elambilan Nani Amma and Ors. v. Mulavana Antony and Ors., 2023 LiveLaw (Ker) 698Lalu Mathew v. Bino Alexander, 2023 LiveLaw (Ker) 699Ushakumari O. & Ors. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 700Ali K @ Ragam Ali v Union of India and connected case, 2023 LiveLaw (Ker) 701Gopakumar V.G. v. Deputy Superintendent of Police & Anr., 2023 LiveLaw (Ker) 702Can't Stifle Police Investigation Initiated At Orders Of Magistrate U/S 156(3) CrPC, Accused May Raise Challenge At Cognizance Stage: Kerala HCCase title: Udayakumar v State of KeralaCitation: 2023 LiveLaw (Ker) 685The Kerala High Court has said that when a FIR is registered at the directions of a Magistrate under Section 156(3) CrPC, the High Court may not exercise jurisdiction under Section 482 CrPC and quash such FIR unless there are compelling and justifiable reasons.Justice Sophy Thomas said that in such cases, the accused may raise a challenge if final report is filed charging him/her for a cognizable offence or if he/she is aggrieved by the order of the Magistrate taking cognizance of the offence. Court reasoned that when a is crime registered by the Police on the basis of a complaint forwarded by the Magistrate under Section 156(3) of CrPC, it cannot be said that the person arrayed as an accused in the FIR is aggrieved by registering that crime. When a complaint is forwarded by the Magistrate under Section 156(3) of Cr.P.C for investigation, the SHO concerned is duty bound to register a crime and to investigate the matter, the Court clarified.Principles Of Natural Justice Crucial To Transfer Orders, Prevent Stigma & Bias: Kerala High CourtCase Title: The Corporate Manager v. Beena Hilkushi and Ors.,Citation: 2023 LiveLaw (Ker) 686A Division Bench of the Kerala High Court upheld order of a Single Judge, whereby the transfer order of a teacher working under Corporate Managers was quashed.The Bench, comprising Justices A. Muhamed Mustaque and Shoba Annamma Eapen, observed that as the transfer order was issued in accordance with Rule 10(4) of the Kerala Education Rules ("KER"), the authorities should have ensured that principles of natural justice were followed by initiating enquiry and giving an opportunity of hearing to the teacher to prevent bias.Mere Procedural Violations Not Sufficient To Vitiate Lok Adalat's Award Of Settlement: Kerala High CourtCase Title: Babumon K.G. v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 687The Kerala High Court has held that in order to vitiate an award passed by a Legal Services Authority, it would have to be established that the Authority had no jurisdiction to pass such an award, and mere procedural violations would not suffice.A division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed an intra-court appeal against a single judge's order affirming an order passed at a Lok Adalat organised by the Taluk Legal Service Authority, Kochi, and held:Kerala High Court Sets Aside Declaration Of Election Of Chairman Of Sree Keralavarma College Union; Directs Re-Counting Of Votes To Be Carried OutCitation: 2023 LiveLaw (Ker) 688Case Title: Sreekuttan S. v. Sree Keralavarma College & Ors.Case Number: W.P.(C) No. 36659/ 2023The Kerala High Court set aside the declaration of Students Federation of India (SFI) candidate, Anirudhan K.S., as the Chairman of the College Union of Sree Keralavarma College, Thrissur, in the plea moved by Kerala Students Union (KSU) candidate alleging arbitrariness in the recounting of votes pertaining to the election to the said post and seeking the conduct of a re-election for the same.The Single Judge Bench of Justice T.R. Ravi observed that the counting and re-counting of votes that were done were not in accordance with the prescribed procedure. It thereby ordered the conduct of re-counting of votes to the post of Chairman to be carried out strictly in accordance with the bye-laws, and to declare the result accordingly.[S.239 Municipality Act] Advance Notice Regarding Vacancy Of Building Mandatory To Claim Remission Of Property Tax: Kerala High CourtCase...

Kerala High Court Weekly Round-Up: November 27-December 3, 2023

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