Indian Court Judgements Archive

Public, crawlable legal index containing extracted Indian judgments, bench details, statutory citations, and full case text.

Total Records: 93,163•Page 162 of 4659
High Court of Kerala
ITA No. 99 of 2019

Principal Commissioner of Income Tax, Kottayam v. Thalappalam Service Co-Operative Bank Ltd.

This is an Income Tax Appeal under section 260A of the IT Act, 1961, ITA No. 99 of 2019, arising from the ITAT Cochin Bench order in ITA No.113/Coch/2018 for AY 2013-14. The Revenue contends that the CBDT Circulars governing the tax effect and the applicability to pending matters should be invoked, despite the tax effect being below the ceiling limit. The respondent-assessee is the Thalappalam Service Co-Operative Bank Ltd. The Kerala High Court, in a Division Bench of Justices S.V. Bhatti and Basant Balaji Thur, examines whether the decision of the Supreme Court in several cases (Surya Herbal Ltd.; Tarun R. Tahliani; S.C. Naregal; and Mavilayi Service Cooperative Bank) permits the Department to apply Circular No.3/2018 (dated 11.07.2018) to pending litigations and whether there is any cascading effect. The court cites the doctrine of caveats from Surya Herbal and the two caveats established by the Supreme Court to permit or restrict review, and discusses the scope of CBDT Circulars in light of the monetary limit. It ultimately holds that the appeal falls within the monetary threshold and, following the cited authorities (notably Naregal and Mavilayi), dismisses the Revenue’s appeal. The order thus disposes of ITA 99/2019 and affirms the ITAT’s order to the extent of this dismissal.

High Court of Kerala
R.C.Rev Nos.71,72,73,75 & 79 of 2021

R.C.Rev Nos.71,72,73,75 & 79 of 2021 (Five connected revision petitions arising from eviction orders under the Kerala Buildings (Lease and Rent Control) Act, 1965)

Five connected Rent Control revision petitions, viz., R.C.Rev Nos.71,72,73,75 and 79 of 2021, arise from a common eviction order passed by the Rent Control Court (Munsiff), Ponnani, on 07.03.2018 in eight rent control petitions and the subsequent common judgment of the Rent Control Appellate Authority, Tirur dated 19.10.2020, which dismissed the appeals. The revision petitions were filed by five tenants challenging the eviction on grounds including bona fide need, alleged illegality of construction in a wetland, and the maintainability of proceedings. The landlord, Faysal Rahman Kozhakkaniyil, claimed to need the building for a large-scale solar-panel business with his two sons and a nephew, intending to occupy all fourteen rooms. The Court examined the evidence, including oral testimonies PW1, PW2, and RW1, and Exts. A1–A7, B1–B5, C1–C6, noting that the petitioned premises would be required for the projected business. The Court held that the landlord’s need was bonafide and that the second proviso to Section 11(3) (requiring proof of the tenant’s livelihood dependence on the premises and availability of no other suitable building) was not proven by the tenants. Consequently, the revision petitions were dismissed and eviction upheld with a two-month surrender timeline. The judgment relies on established principles governing bona fide need and the scope of revisional jurisdiction in rent-control matters.

High Court of Kerala
Crl.M.C.4711/2016

Rajamma v. State of Kerala

This is a criminal miscellaneous petition (Crl.M.C.4711/2016) filed by Rajamma, accused no.2, under CrPC 482 challenging the continued proceedings in SC 238/2015 arising from Crime No.2075/2015 of Muvattupuzha Police Station. The facts, as per the record, concern alleged acts of sexual violence and related offences against a de facto complainant/victim by the first accused, including illegal confinement from 2.10.2015 to 5.10.2015, administration of a drug-containing juice, rape, and the subsequent recording and transmission of nude photographs. The second accused is alleged to have participated, though the prosecution’s case hinges largely on the victim’s statements and documentary materials, with some materials attributed to the petitioner’s family. The petitioner contends that even if the allegations are true, none of the charged offences are attracted; there is no material linking the second accused to the acts; and the entire case should be quashed at the pre-trial stage to prevent abuse of process and to secure ends of justice. The High Court discusses the scope of its inherent powers under Section 482 CrPC, citing several Supreme Court decisions that counsel caution and restraint, and emphasizes that quashing should be rare and based on a prima facie lack of material. Ultimately, the Court examines whether the materials before it justify quashing; it holds that the petition is devoid of merit and dismisses the Crl.M.C. petition. The order underscores that the inherent powers are to be exercised sparingly, and not to substitute for trial or reassess evidence at this stage.

High Court of Kerala
CRL.MC NO.3984 OF 2023

Rijurajan v. State of Kerala

Rijurajan, the petitioner in CRL.MC 3984 of 2023, challenges CC 55/2020 of the Judicial Magistrate of the First Class-III, Attingal, under Section 482 CrPC. The accused faced charges under IPC sections 294(b) (obscene acts in public), 341 (wrongful restraint), and 323 (hurt) arising from an incident on 24 October 2019, when the parties allegedly confronted due to long-standing enmity and the accused restrained and assaulted the de facto complainant, causing injuries. The petitioner asserts that the disputes between the parties have been amicably settled, supported by Annexure A2, and that continuing the prosecution would be unnecessary and oppressive. The investigating officer was directed to verify the genuineness of the settlement and check for any criminal antecedents or impediments to quashing. The Public Prosecutor expressed concerns about quashing proceedings solely on the basis of a settlement, though he noted no other complaints against the petitioner and that the victim stated no lingering grievances. The High Court examined the matter in light of established jurisprudence on the use of Section 482 to quash non‑compoundable offences where private disputes have been resolved, while keeping in mind that grave offences and offences under special statutes should not be quashed. The Court concluded that quashing would not undermine public interest and would promote ends of justice, and accordingly allowed the petition and quashed CC 55/2020 and the final report.

High Court of Kerala
WP(C).39749/2017 (P)

In the High Court of Kerala at Ernakulam - W.P.(C) No. 39749 of 2017 (P) and connected cases

The judgment delivers a consolidated disposal of writ petitions challenging amendments to the Kerala Co-operative Societies Act, 1969 (Act 1 of 2019) and the Government’s plan to amalgamate District Co-operative Banks (DCCBs) with the Kerala State Co-operative Bank (KSCB) under Chapter XC and Section 14A. The petitioners, comprising presidents/representatives of several primary/cooperative banks, contend that the amendments undermine cooperative autonomy secured under the Constitution (Ninety-seventh Amendment and Article 43B), and contravene Articles 19(1)(c) and 19(1)(g). They urge adherence to the pre-amendment regime (Section 14 and Rule 13) and demand two-thirds resolutions by transferor banks for any amalgamation. The respondents—RBI, NABARD, Government of Kerala, Registrar/Joint Registrar of Co-operative Societies, and others—defend the amendments as a necessary balancing of cooperative principles with market realities, invoking subsidiarity and the overriding effect of Chapter XC (74H(18)) for compulsory amalgamation once voluntary transfer is initiated under Section 14A. The court distinguishes the two-track process (voluntary amalgamation under Section 14/Rule 13 vs statutory amalgamation under Chapter XC), upholds the statutory framework, and rules that if a resolution under Section 14A is passed, amalgamation must be effected under Chapter XC. Consequently, the petitions are dismissed with no costs, upholding the amalgamation process.

High Court of Kerala
WP(C).No. 27101 of 2018

Rahul Raveendran v. State of Kerala and others

The petitioner Rahul Raveendran, an Overseer under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) in Vazhathope Grama Panchayat, challenged Exts.P4 and P6 which denied renewal of his two-year contract, and sought a direction to permit continued service as Overseer. Appointed on 01.08.2016 under a two-year contract at Rs. 13,200 per month, his term expired on 31.07.2018. The Panchayat Committee, in its meeting of 09.07.2018, decided not to renew and to fill the post with another appointee, prompting Ext.P6 inviting fresh applications. The petitioner relied on interim orders in connected writ appeals that contract employees under MGNREGS should be re-inducted temporarily after expiry, and on Government Orders and communications (Exts.P11, P12) directing that termination or continuation be reviewed, arguing that termination requires Rural Development Commissioner’s prior permission and that the scheme continuity warrants retention of trained personnel. Respondents contended that there is no right to renewal for contract employees once the two-year term ends; Ext.P1 agreement and the law grant no right to future appointments, and the selection process was properly conducted. The court examined Ext.P1, pre-existing orders, and precedent, including judgments cited by both sides, and held that the petitioner cannot claim renewal or continued service beyond 31.07.2018. The writ petition was dismissed, and the petitioner was not entitled to renewal or continued employment in the MGNREGS framework.

High Court of Kerala
WP(C).No. 26956 of 2018

K. P. Ravendran Pillai v. Joint Registrar (General), Co-operative Societies, IDUKKI; Murickassery Service Co-Operative Bank Ltd.; Life Insurance Corporation of India Ltd.

The petitioner, a retired Attender of the Murickassery Cooperative Bank, seeks mandamus under Article 226 to direct the Joint Registrar (General) to cause payment of balance gratuity under the bank’s LIC policy. LIC had transferred part of the gratuity (Rs. 12,74,815) and Rs. 45,070 on a separate communication, but the second respondent bank paid only Rs. 10 lakhs, despite the total claimed entitlement being Rs. 13,19,885. The case centers on the interplay between the central Payment of Gratuity Act, 1972 (Sections 4(2), 4(5), and 4A) and applicable state-cooperative-society rules, particularly Rule 59(iii) of the Kerala Co-operative Societies Rules, and the constitutional framework. The Full Bench decision Chandrasekharan Nair G. v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others (2017 (4) KLT 276) held that employees covered by the Act are entitled to better terms under Section 4(5) and that the central Act overrides conflicting state provisions (Article 254 and Section 14). The court affirms that excess amounts towards gratuity, if any, under the insurer’s policy would inure to the employee and that deficits remain the employer’s liability. The judgment directs the Joint Registrar to ensure payment of Rs. 3,19,885 with 6% simple interest within two months, and there is no costs order. The decision ties to the LIC policy’s maturity value and the employee’s statutory rights under the central Act.

High Court of Kerala
CRL.A. Nos. 408 and 550 of 2008

Anil Kumar and Remesan v. State of Kerala

This is a Kerala High Court criminal appeal, arising from two connected appeals (Criminal Appeal Nos. 408 and 550 of 2008) challenging convictions under Sections 55(a) and (i) and, in one case, Section 57(a) of the Abkari Act. The accused were part of a Chethadi toddy shop in Melila Panchayat; on 4 August 1998, around 8 p.m., it was alleged that they possessed and sold nine litres of arrack. The trial court convicted both appellants, relying on the contraband being seized, produced, and the sample allegedly drawn for laboratory analysis. On appeal, defense contentions focused on lack of evidence proving tamper-proof sampling and chain-of-custody: no specimen seal impression, forwarding note lacking seal details, and absence of direct testimony by the person who drew the sample. They also highlighted unexplained delay in producing the contraband before the court. The court cited established precedents (Prakasan v. State of Kerala, Sasidharan v. State of Kerala, and Ravi v. State of Kerala) to emphasize need for link evidence and tamper-proof handling of samples. Finding a missing link in the sampling and dispatch chain, the High Court held that the prosecution failed to prove the chain-of-custody beyond reasonable doubt, and that the absence of specimen seals and delays undermined credibility. Consequently, the appeals were allowed and the appellants were acquitted, with bail bonds discharged.

High Court of Kerala
WP(Crl).No. 178 of 2018

Muhammed Riyad v. State of Kerala & Others

This writ petition (crl.) under Article 226 of the Constitution of India was filed by Muhammed Riyad challenging the alleged illegal detention of Rifana Riyad, then aged 19, by Hanize. The petitioner alleges that Rifana is being kept under unlawful custody and seeks habeas corpus or other appropriate relief. The fourth respondent and the detenue explain that they are in love since school days and, although living together, they are major and have not married yet; Rifana’s custody has at times been granted to the petitioner, but she left home again to be with Hanize. The central issue is whether Rifana has been illegally detained or whether she, being a major, can live with her partner in a live‑in relationship and later marry when the age of marriage is ripe. The petition argued that the fourth respondent had not completed 21 years, rendering the relationship a ‘child marriage’ under the Prohibition of Child Marriage Act, 2006. The court notes that Rifana has attained puberty and has capacity to marry under Section 251 of Mahomedan Law as well as the PoCM Act. The bench, relying on recent Supreme Court authority, holds that live‑in relationships are recognized by law and a major has the right to live with a partner. It dismisses the petition, declaring Rifana free to live with Hanize or marry him when marriageable age is attained, with no costs.

High Court of Kerala
WP(C) Nos.10357/2017 & 10376/2017

Prabath M.G. and Others v Union of India, Employees' Provident Fund Organisation, Regional Provident Fund Commissioner, Cochin International Airport Limited, and State of Kerala

This is a consolidated writ petition filed under WP(C) Nos. 10357/2017 and 10376/2017 by retired employees of Cochin International Airport Limited challenging the notification GSR 609(E) dated 22 August 2014, which implemented the Employees Pension Scheme Amendment, 2014. The petitioners contend that the 2014 amendment is ultravires to the Constitution of India and to the Employees Provident Fund and Miscellaneous Provisions Act, 1952, particularly sections 6A and 6D, and that the amendment should not have retrospective effect. They seek to remain in the Employees Pension Scheme, 1995 (EPS 1995), and demand pension benefits computed on the basis of the average salary of the 12 months immediately preceding retirement, along with credit of the employer’s 8.33% contribution to their pension accounts from the date of EPF Scheme commencement or from the date their salary exceeded Rs. 6500, whichever is later. The respondents include Union of India (Labour Ministry), EPFO, Regional PF Commissioner, Cochin International Airport Limited (CIAL), and the State of Kerala. The petitioners urge mandamus to implement Exh. P7 circular and to ensure pension under EPS 1995 as earlier. The Kerala High Court, presided by Justice Dama Seshadri Naidu, notes agreement of counsel that the issue is covered by the ratio in P. Sasikumar v. Union of India and disposes of the petitions accordingly, applying that ratio.

High Court of Kerala
WP(C).No. 26683 of 2018

Riya R Ebenezer, Nevin Samuel P., and J. Jabez Graham Singh (minor petitioners) v. Union of India and Others

Two minor students, Riya R Ebenezer, Nevin Samuel P., and J. Jabez Graham Singh, represented by their fathers, filed a writ petition in the Kerala High Court challenging the 2018 MBBS admission prospectus under NEET 2018. The petition states that the CSI (SIUC), a Christian minority in Tamil Nadu, is recognized as a minority and that its educational institutions must not discriminate against minority entrants by excluding non-Kerala origin students. They challenge Clause 6.1 of Ext.P5 and Ext.P8, which earmark seats for certain categories (including Non-Keralites) and classify candidates into NK-I and NK-II, contending these provisions violate Article 30(1) read with Articles 14, 15(1)-(2), and 16(2). Respondents contend Ext.P8 relates only to PG admissions and does not govern undergraduate MBBS admissions; the Prospectus Ext.P5, dated 30.01.2018, was approved by the Government, and the NEET rank list and first allotment have already progressed. The core issue is whether Clause 6.1 is valid. The High Court held that Clause 6.1 does not impose a 100% prohibition on non-Keralites; NK-I allows non-Keralites and NK-II excludes only MBBS/BDS and Government Engineering admissions. Citing Pai Foundation, Inamdar, Dr. Pradeep Jain, and Sourav Choudhary, the court upheld the permissibility of a “sprinkling” of non-resident minority candidates within a state and concluded there is no need to interfere with ongoing admissions. The petition was dismissed, allowing the NEET 2018–2019 process to continue.

High Court of Kerala
WP(C).No.27030 of 2018

Biji John v. Nalunakkal Service Co-operative Bank Ltd

This writ petition under Article 226 of the Constitution challenges the sale of the petitioner’s mortgaged property pursuant to Ext.P1 notice dated 10.07.2018. The petitioner, Biji John, availed a loan of Rs. 15 lakhs on 15.10.2014 from Nalunakkal Service Co-operative Bank Ltd (Loan account No. 1176/1415) by mortgaging 4.86 acres in Vakathanam village. She sought a writ of mandamus to keep in abeyance the Special Sale Officer’s proceedings and to permit repayment of the entire due in instalments. The court granted an interim stay on recovery proceedings for three weeks on condition of depositing Rs. 2 lakhs, later extended by two weeks from 23.08.2018. On 17.08.2018 the bank claimed the total liability to be Rs. 22,34,510/-, with Ext.P2 statement of accounts showing no serious dispute as to the outstanding amount. The petitioner failed to deposit the extended amount and asserted only a desire for “breathing time.” In this background, the court relied on K.D. Sharma v. Steel Authority of India Ltd. and Kensington Income Tax case to emphasize that writ petitioners must disclose true and complete material facts and not mislead the court. The court ultimately held the petition to be an abuse of process and dismissed it, vacating the interim order.

High Court of Kerala
WP(C).No. 26895 of 2018

Kunhikannan and others v. Returning Officer, Chengala Service Co-operative Bank Ltd No. S.66; Electoral Officer; State Co-operative Election Commission; Chengala Service Co-operative Bank Ltd No. S.66

This writ petition under Article 226 of the Constitution challenges Ext.P3 (03.08.2018) list of candidates published for election to the Managing Committee of the Chengala Service Co-operative Bank Ltd (4th respondent). Petitioners Kunhikannan, B. Mohammed and M. Padmavathi, members of the 4th respondent society, allege their nominations were wrongly rejected via Exts.P4–P6 on grounds including non-submission of Form No.36, defaulter status, and ineligibility when they or their affiliates hold disqualifying positions. They seek to quash the election list, have their names included, and prevent publication of results scheduled for 18.08.2018. Respondents contend the rejections were legally grounded under Rule 35A and Rule 34, with grounds tied to Form 36 compliance, defaulter status, and sections of the Kerala Co-operative Societies Act. The court surveys jurisprudence (Antnrayose; Pankajaksha Panicker; Ravi; Abraham) allowing intervention only in patent illegality, and acknowledges broader dicta on delaying elections (Shaji K. Joseph; Jayavarma K.) and the time-bound remedy under Section 69 before the Co-operative Arbitration Court (Reji Thomas). Ultimately, the court holds no patent illegality in the nominations, dismisses the writ, and directs the petitioners to pursue Section 69 arbitration within one month of election, while noting constitutional schemes under Part IXB and Article 243ZK for electoral governance.

High Court of Kerala
WP(C).No. 9809 of 2016; WP(C).No. 30908 of 2017

The Manager, AMLP School, Kundilparamba & Sajeesh K v State of Kerala & others; Saranya M. Nair v The Manager, AMLP School Kundilparamba & others

Two writ petitions, WP(C) No. 9809 of 2016 and WP(C) No. 30908 of 2017, arise from a dispute over Saranya M. Nair’s regularisation in a substantive vacancy and the corresponding salary/benefits, set against actions taken by the manager of AMLP School Kundilparamba and Sajeesh K. Saranya had been appointed in a leave vacancy in 2008, with daily-wage/regularisation steps taken over the years, culminating in a 2015 government order that regularised her appointment from 27/4/2013 in a regular scale. The manager and Sajeesh challenged this order, arguing it was issued without notice and should be set aside. Saranya contends that her appointment was in a substantive vacancy and, under Rule 51A of Chapter XIV A, Kerala Education Rules, 1959, she is entitled to regular pay from the date of her appointment, with seniority considerations for senior claimants. The court cites State of Kerala v. Sneha Cherian to justify regularisation in substantial vacancies. The judgment ultimately dismisses WP(C)9809/2016 and allows WP(C)30908/2017, directing the manager to appoint Saranya in the regular vacancy from 27/4/2013 with notional approval (without salary if not admissible) and instructing the AEO to implement within a month. It also provides that Sajeesh’s salary shall not be recovered, and any salary for Saranya for other periods will be considered as per law.

High Court of Kerala
WP(C).No.23937/18

Ajayakumar D v. State of Kerala & Others

Ajayakumar D., petitioner, approached the Kerala High Court seeking a writ in the nature of mandamus to compel respondents 1–3 to accept his online bids for manpower supply and to scrutinize and consider the bids as timely submitted under Ext.P2, with a view to awarding the contract if successful. He contends that his bid was timely, evidenced by Ext.P3 receipts, but that due to a technical glitch his bid was not recorded on the portal. He prays for acceptance of the bid online or through hard copy and argues that previous decisions of this Court in unreported SPs would direct consideration of belated bids in similar circumstances. Respondents 1–3 and BevCo deny the fault, stating that the petitioner did not complete the submission process by clicking the ‘Freeze bid’ button, despite tender fee and EMD having been paid. They contend the portal functioned throughout the day (as per Annexure R1) and that completion requires online uploading of documents per Ext.P13; eight other bids were timely uploaded. The High Court examined whether a belated bid could be entertained in light of the Supreme Court’s decision in Maharashtra Housing Development Authority v. Shapoorji Pallonji; noting no technical snag or mala fide, it held that no direction could be issued to consider a belated bid and dismissed the petition. The outcome: petition dismissed.

High Court of Kerala
CRL.A. No.254 of 2012

Methalatt Balan v. State of Kerala

This Kerala High Court criminal appeal is filed by the appellant, Methalatt Balan, challenging a judgment of the First Additional Sessions Court, Kozhikode, convicting him under sections 449 (lurking house-trespass) and 302 (murder) of the Indian Penal Code and sentencing him to rigorous imprisonment and fines. The alleged incident occurred on 22 April 2007 around 12:30 PM when the accused allegedly trespassed into the house of the deceased and assaulted her with a wooden log. The victim, aged 56, was taken to the Medical College Hospital around 6 PM and died in the early hours of the following day. The prosecution examined 29 witnesses and marked numerous exhibits, including MO1–MO10 objects and Exts. P1–P56. Crucially, there were no eye-witnesses; the case rests on circumstantial evidence, including the testimony of PW2 (the deceased’s daughter) about the deceased’s strained relations with the accused, the alleged demand for cohabitation, and the accused’s frequent visits to the house, which the prosecution urges as motive. The prosecution also relies on an extra-judicial confession attributed to the accused before PW14, and on recovered materials MO9/MO10. A central issue is whether the statements attributed to the deceased under Section 32(1) of the Indian Evidence Act could be admitted as ‘circumstances of the transaction’ that resulted in death. The court reviews Section 32(1)’s two parts and reiterates that the second part requires a circumstance that forms part of the death-causing transaction with proximate linkage to the actual occurrence. Examining the evidence, the court finds the 32(1) statements lack the necessary nexus to the incident and that the extra-judicial confession is not a standalone, cogent basis for conviction. The witnesses’ testimonies, including PW12 and PW13, are not conclusive proof of the accused’s presence or involvement, and the chemical and physical evidence (MO9/MO10, Exts. P36) does not establish human DNA or a definitive link. Consequently, the court acquits the appellant, set aside the conviction and sentence, and orders release if detained.

High Court of Kerala
Crl.MC.No. 3948 of 2013

HARIKUMAR RENJITH KAMAL, SIVASANKARA PILLAI & SOBHANA v. STATE OF KERALA & SOBHANA

This is a Kerala High Court criminal miscellaneous case (Crl.M.C No. 3948 of 2013) filed under Section 482 Cr.P.C. by accused nos. 1 to 3 challenging the charge sheet in Crime No.666/2010 of Mavelikkara Police Station and the connected C.C. No.467/2010 pending before the Judicial First Class Magistrate Court-I, Mavelikkara, for offences under Sections 498A and 34 IPC. The petition arises after a marital dispute between the de facto complainant (the 2nd respondent) and the accused, who later settled amicably. The 2nd respondent swore an affidavit expressing no objection to quashing the proceedings. The Court heard submissions from both sides and the Public Prosecutor; the petition argues that ongoing proceedings in a complaint arising from matrimonial discord are an abuse of process because the parties have settled. The 2nd respondent’s counsel supports withdrawal. Citing the Supreme Court decision in Jitendra Raghuvanshi v. Babita Raghuvanshi, the Court reiterates that courts should encourage genuine settlements in matrimonial disputes, even where offences are non-compoundable, if proceedings would not serve ends of justice and would amount to abuse of process. The Court ultimately allows the Crl.M.C, quashing the charge sheet and all further proceedings, reflecting the policy favoring amicable settlements over protracted litigation in such sensitive matters.

High Court of Kerala
BA No.273/2024

Riyas A C v. State of Kerala and The Station House Officer, Bekal Police Station, Kasaragod District

This is a bail application (BA No. 273 of 2024) by Riyas A C, the sole accused in Crime No. 747/2022 of Bekal Police Station, Kasaragod, under Sections 22(c) and 20(b)(ii)(A) NDPS Act, before the High Court of Kerala. The order, dated 16 February 2024, follows two earlier bail petitions rejected by this Court (BA Nos. 939/2023 and 3866/2023). The prosecution alleges possession of narcotic drugs and psychotropic substances; the initial information led to searches at a resort room and subsequent body search, with substantial quantities of MDMA and hashish oil recovered. The applicant faced a “commercial quantity” allegation, attracting stringent bail restrictions under NDPS Section 37. The petitioner contends non-compliance with NDPS provisions, notably Section 42(1) (information reduction in writing) and Section 50 (mandatory for body searches), and argues that Section 37 has no application. The State counters that the GD entry suffices for 42(1) compliance and that non-mandatory status of 50 for non-body searches preserves the recoveries. The court reviews the statutory rider in light of precedent, including Union of India v. Shiv Shankar Kesari and subsequent judgments, emphasizing that “reasonable grounds” must be substantial and not merely prima facie, and that the Court should not assess guilt or render an acquittal at bail stage. Ultimately, the Court dismisses the bail application, holding that the twin conditions of Section 37(1)(b) are not satisfied and directing the trial court to complete the trial by 16 April 2024.

High Court of Kerala
WP(C):12616/2021

Purushothaman P. v. State of Kerala and Others

This is a Public Interest Litigation filed in the Kerala High Court by Purushothaman P., a freelance journalist and political party worker, seeking judicial oversight and a central investigation into large-scale felling of trees on private lands allegedly facilitated by forest, revenue officials and politicians in Kerala. The petitioner contends that a timber mafia has exploited the COVID-19 lockdown to harvest and transport valuable timber, including sandalwood, rosewood and teak, across districts such as Idukki, Wayanad, Thrissur, Ernakulam, Palakkad, Malappuram and Pathanamthitta. Relying on Article 51-A(g) of the Constitution, he argues trees should be treated as living beings deserving protection and seeks a writ of mandamus to appoint the Central Bureau of Investigation (CBI) or another Central Agency, with the Court supervising the enquiries. He cites government orders (Exhibit-P1) permitting certain felling rights and amendments to forest and land laws, claiming mala fide actions by officials. The State disputes maintainability, arguing that Exhibit-P1 was withdrawn, a fresh order was issued in Feb 2021, and ongoing investigations are already in progress through Special Investigation Teams; it urges that PIL lacks bona fides and that a writ mandamus is not a proper remedy. The Court cites established PIL principles, including the need for genuine public interest, verification of facts beyond newspaper reports, and the necessity to balance judicial intervention with available statutory remedies. Ultimately, the Court dismisses the petition for lack of bona fide PIL and absence of concrete material, with no costs awarded.

High Court of Kerala
WP(C) No. 15780 of 2021

C.K. Varghese v. The Secretary, Cheranelloor Panchayath, Cheranelloor; The District Collector, Kerala State Pollution Control Board; The Station House Officer, Cheranelloor Police Station; The State of Kerala; Union of India; National Highways Authority of India

The petitioner, C.K. Varghese, a resident and social worker, filed a public interest writ petition challenging a proposed private fish market near the National Highway in the Varappuzha–ICT area identified as a black spot by MoRTH. He contended that sanction to establish a private fish market in a plot adjacent to Varappuzha bridge, with direct road access, would endanger road safety given the black-spot status and several accidents in three years. He urged the 6th respondent (MoRTH) and 7th respondent (NHAI) guidelines (Ext. P13, P14) to ensure connectivity and that the initiating agency bear costs for access to the highway; arguing omission of connectivity violates revised guidelines and public safety. The petition invoked PIL principles and relied on newspaper reports (Ext. P3) to allege the illegality of the market. During hearing, the 1st respondent denied any proposal and the court, after examining public-interest jurisprudence, held that the petition lacked bona fides and factual grounding, noting background decisions on PIL and the inadmissibility of basing petitions on mere newspaper reports. Ultimately, the court dismissed the petition with costs and directed recovery if not paid. The judgment emphasizes cautious use of PIL, verifying facts, and avoiding oblique motives in public-interest filings.