Page 4 - Kerala High Court

No illegal religious places be permitted on govt land, says Kerala HC

The Kerala High Court has directed that no illegal religious places should be permitted on government land, irrespective of the religion. The High Court said that God is "omnipotent" and is everywhere, including in the bodies of believers, their homes and wherever they go. "Therefore, the believers need not encroach upon government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings on all believers," Justice P V Kunhikrishnan said. The direction and observations by the court came on a plea by the Plantation Corporation of Kerala Ltd seeking directions to the state government, police and Pathanamthitta district authorities to identify the properties leased to it and evict all the encroachers from there. Allowing the Corporation's plea, the court directed the authorities to identify the properties leased to it and "evict all encroachers including illegal religious

Roadside trees not to be cut in favour of commerce: Kerala HC to govt

The Kerala High Court has directed the state government to ensure no trees on roadsides are felled merely because they obstruct commercial activities. The High Court said that trees can be cut and removed only if they are in damaged condition and as a result pose a danger to public safety. A decision regarding that should be taken by a committee constituted in accordance with a 2010 government order regulating the felling and disposal of trees growing on government lands, Justice P V Kunhikrishnan said. "Without such a decision, no trees on the roadside of the State shall be cut and removed by any authorities. The Chief Secretary of the State shall issue necessary orders to that effect. "...the State of Kerala should see that no request to cut and remove trees on the roadsides of the State can be permitted without sufficient reasons. Trees give cool shades, pure oxygen and shelter to birds and animals," the court said in its order of May 22. The court's ruling came while dismissin

HC upholds validity of extending assessment orders' time limit during Covid

The court observed that the government is empowered to extend the limitation period for taking actions that could not be completed or complied with due to force majeure

SC recommends names of 6 lawyers for appointment as judges of Kerala HC

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Tuesday recommended to the Centre the names of six advocates for appointment as judges of the Kerala High Court. The Collegium, also comprising Justices Sanjiv Khanna and B R Gavai, also recommended that judicial officer Mohammad Yousuf Wani be appointed as an additional judge of the High Court of Jammu & Kashmir and Ladakh. "In view of the above, the Collegium resolves to recommend that Abdul Hakhim Mullappally Abdul Aziz, Syam Kumar Vadakke Mudavakkat, Harisankar Vijayan Menon, Manu Sreedharan Nair, Easwaran Subramani and Manoj Pulamby Madhavan, advocates, be appointed as judges of the High Court of Kerala. Their inter se seniority be fixed as per the existing practice," said one of the Collegium resolutions uploaded on the apex court website. Regarding one of the recommended names, it said, "The report of the government notes that nothing adverse has come to notice regarding the integrity of the candidate. ..

Kerala court rejects corruption complaint against CM over sand mining

A Kerala court has rejected a complaint alleging corruption by Chief Minister Pinarayi Vijayan and various officials back in 2019 in connection with a government order permitting removal of sand from the Thottappally coastal area in Alappuzha district. Enquiry Commissioner and Special Judge, Kottayam, M Manoj dismissed the complaint saying that prima facie none of the offences, under the Prevention of Corruption Act and the IPC, as alleged against the CM and others in the complaint were disclosed. "The averments in the complaint do not disclose any offence under the Prevention of Corruption Act, 1988 or under any other law. "The complicity of the respondents in any of the alleged offences are not prima facie made out and disclosed as per the averments in the complaint." the judge said in his order dated February 7. The complaint was moved by the President of the Karimanal Khanana Virudha Ekopana Samithi alleging that atomic mineral sand extracted from Thottappally coastal area in t

Centre notifies elevations of several judges of HCs as permanent judges

The Centre government, through the Ministry of Law and Justice has elevated several judges of Calcutta High Court, Kerala High Court, Jharkhand High Court and Punjab & Haryana High Court from additional judges to permanent judges.On January 30, the government issued separate notifications for each judge.According to the notifications, Justice Pradeep Kumar Srivastava, Additional Judge of the High Court of Jharkhand, will be appointed a Judge of that High Court.Justice Shoba Annamma Eapen, Additional Judge of the Kerala High Court appointed to be a Judge of that High CourtJustice Lapita Banerji, Additional Judge of the Punjab and Haryana High Court appointed as a Judge of the Punjab and Haryana High Court against a vacancy of permanent Judge of the Calcutta High Court, with effect from the date she assumes charge of her office, as stated in the notification.Justice Shampa Dutt (Paul) and Justice Raja Basu Chowdhury, Justice Ananya Bandyopadhyay and Justice Rai Chattopadhyay, ...

ED summons former Kerala minister Thomas Isaac in KIIFB masala bonds case

The Enforcement Directorate has summoned senior Kerala CPI(M) leader Thomas Isaac for questioning in a FEMA case linked to probe into the alleged violations in the financial dealings of KIIFB during his tenure as the finance minister in the previous LDF government, official sources said Sunday. The 71-year-old politician has been asked to depose at the agency office in Kochi on January 12, they said. The central agency in December had informed the Kerala High Court that it has withdrawn the summons issued to Isaac. The submissions were made during hearing of a plea by Isaac and a KIIFB official alleging that only personal information was sought through the summons by ED and seeking quashing of the same. In view of the agency withdrawing the summons, the HC disposed of the petitions but at the same time, the court also said the ED was free to continue with its investigation in the matter. ED sources said the fresh summons to Isaac has been issued in light of the HC allowing the agen

Kochi blast remarks: No coercive action against Union minister till Dec 14

The Kerala High Court on Wednesday directed the police not to take any coercive steps against Union Minister of State Rajeev Chandrasekhar till December 14 in the two criminal cases in which he is accused of making statements promoting enmity between different groups. The cases were lodged against him over his controversial social media posts following the blasts at a convention centre in Kochi during a prayer meeting of Christian religious group Jehovah's Witnesses. Justice C S Dias admitted Chandrasekhar's pleas for quashing the FIRs against him and issued notice to the state seeking its stand in both matters. The court also issued notice to Kerala Pradesh Congress Committee (KPCC) Digital Media Convenor P Sarin, on whose complaint one of the FIRs was lodged, and sought his stand on the matter. Right after news broke out about the blasts, Chandrasekhar had posted on Facebook, "The price of appeasement politics of Cong and CPM will always be borne by innocents of all communities

Kerala HC allows ED to summon CPI(M) leader Thomas Isaac in KIIFB case

The Kerala High Court has granted permission to the Enforcement Directorate to issue fresh summons to senior CPI(M) leader Thomas Isaac, allowing the agency to continue its investigation into alleged violations in the financial dealings of KIIFB during his tenure as the state Finance Minister in the previous LDF government. In an interim order dated November 24, the high court clarified that this decision is subject to further orders from the court and scheduled the matter for further consideration on December 1. The court issued this order in response to a plea filed by Isaac, who sought the quashing of the two summons issued to him by the ED. These summons are part of the agency's probe into alleged violations in the financial dealings of the Kerala Infrastructure Investment Fund Board (KIIFB). "...the pendency of these writ petitions will not stand in the way of the ED issuing fresh summons to any person, including the petitioners, and to continue the investigation; however, ...

Air fares fixed by airlines, no governmental control: Centre tells HC

The Centre on Friday told the Kerala High Court that airlines are free to charge air fares as per their operational viability and that it does not interfere in commercial aspects of the airline nor fixing of the airfare. In an affidavit, the union government said the dynamic pricing adopted by the airlines was a global practice and the change in prices are based on algorithms that take into account competitor pricing, supply and demand and other external factors. "Airlines are free to charge airfares as per their operational viability. The government does not interfere either in commercial aspects of airline nor fixing of airfare by them," the affidavit read. In response to a plea filed by one Zainuabideen, challenging the hike by the airlines operating in the Gulf sector in their fares during festival seasons, the central government said dynamic pricing plays a crucial role in determining how airlines improve their revenue per flight. It said the airlines are required to establish

SC collegium recommends 4 names as judges of Orissa, Gauhati and Kerala HCs

A three-judge collegium headed by Chief Justice D Y Chandrachud on Thursday recommended the names of two judicial officers, one advocate and one additional judge for appointment as judges of the high courts of Orissa, Gauhati and Kerala. The collegium, which also comprises Justices Sanjay Kishan Kaul and Sanjiv Khanna, recommended the names of advocate Sibo Sankar Mishra and judicial officer Ananda Chandra Behera as judges of the Orissa High Court. It recommended the name of judicial officer Budi Habung for appointment as a judge of the Gauhati High Court. It also recommended that Additional Judge Justice C S Sudha be appointed as Permanent Judge of the Kerala High Court. The collegium resolution uploaded on the apex court website stated that the Chief Justice of the Orissa High Court in consultation with his two senior-most colleagues recommended their names of Mishra and Behera on January 17, 2023. The chief Minister and the governor of Odisha have concurred with the ...

Mobile of journalists can't be seized without due procedure: Kerala HC

The court said that simply because a journalist has got some information about a crime, his/her mobile cannot be seized without following the procedures under the CrPC

NHAI burdening courts with unnecessary litigations, says Kerala HC

The Kerala High Court has criticised the National Highways Authority of India (NHAI) saying it has become a common practice of the authority to burden the courts with a spate of litigations and that its delay in granting compensation results in payment of heavy interests. In its order, the division bench of the High Court comprising Justices Amit Rawal and C S Sudha, observed that if the NHAI takes appropriate advice, it would save the cost of litigation and avoid the burden of paying heavy interests. The court's order came on an appeal filed by a land owner from Thiruvananthapuram, whose property was acquired by the NHAI for the purpose of constructing a bypass to avoid the Kazhakuttom-Karode stretch of the NH 47. Aggrieved by the compensation fixed by the competent authority, the land owner sought for arbitration during which the value of the land was increased to the extent of 50 per cent. Claiming that the amount was exorbitant, NHAI approached a local court in Thiruvananthapur

Live-in couples can't claim divorce thereon, rules Kerala High Court

The Kerala High Court has said that when two parties decide to live together by virtue of a mere agreement, and not in accordance with any personal law or the Special Marriage Act

Documents issued by govt should be of global standards: Kerala HC

"The certificates issued by the government and statutory authorities have to be internationally accepted, especially when India is a signatory to international conventions and treaties

Educations loans cannot be denied due to low CIBIL score: Kerala HC

Banks are in a bind as Kerala High Court directs them to exercise more compassion with students, as guarantors frequently default on education loan repayments

The naked truth: What do Indian laws say about nudity and obscenity?

The law hasn't clearly explained what can or cannot be regarded as obscene; none of its provisions establish a link between nudity and obscenity

Why half-nude body of man is normal but female body sexualised? Kerala HC

Justice Kauser Edappagath emphasised that nudity should not automatically be associated with sexuality but should be evaluated within the appropriate context

Unhealthy practices done in name of religion are to be prevented: Kerala HC

The contention that animal sacrifice is an essential and integral part of one's religious belief and cannot be interfered with even if it causes nuisance to others, has to be rejected, the Kerala High Court has said. Hearing a writ petition against the inaction of the authorities to stop the illegal slaughter of birds and animals in the guise of ritualistic sacrifice at a private residence here, Justice V Arun said such unhealthy, unscientific and deleterious practices are to be prevented, even if it is done in the name of religion. The court, in an order issued on May 24, directed the Ernakulam district panchayat, the revenue divisional officer, Ernakulam Rural SP and other officials to stop the activities carried out in a structure, resembling a temple, constructed by a private person on the second floor of his residential building, after conducting a probe, at Edathala Grama panchayat near Aluva here. "Going by the precedents and on a proper understanding of the rights under ...

No fitness certificate for vehicles fitted with LED/neon lights: Kerala HC

The court noted that such vehicles pose a potential threat to the safety of other vehicles and their drivers, pedestrians and other road users