Indian Court Judgements Archive

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Total Records: 93,163•Page 261 of 4659
High Court of Kerala
W.P(Crl) No.407 of 2021

T.A Abdul Sathar v. State of Kerala & Ors.

The petitioner, T.A. Abdul Sathar, is a former Sub Inspector of Police posted at Kaduthuruthy Police Station and faced an FIR (VC No.7/2021/KTM) registered by the Vigilance and Anti-Corruption Bureau (VACB) for offences under Section 7 of the Prevention of Corruption Act, 1988. The FIR arose from a complaint linked to Crime No.281/2021, involving allegations of demand and receipt of bribes related to a defacto complainant and others. The defacto complainant alleged that the petitioner and others, including an ASP, demanded bribes through a relative of the complainant's brother, and that bribes totaling around Rs.20,000 were exchanged. The petitioner sought to quash the FIR under Section 482 Cr.P.C., arguing that no cognizable offence was disclosed under Section 7, that no pre-FIR preliminary enquiry was conducted (citing Lalita Kumari and related jurisprudence), that there was no required Section 17-A approval, and that the bribe-giver should have been implicated under Section 8. The respondents contended that the materials before the Court prima facie disclosed a cognizable offence, preliminary enquiry is not mandatory, and 17-A approval is not applicable to the facts. The Court evaluated evolving jurisprudence on pre-FIR enquiries, noting conflicting precedents (Lalita Kumari, Charansingh, Mangipet, Thommandru, Neeharika) and ultimately held that the allegations do disclose a cognizable offence under Section 7, that preliminary enquiry is not mandatory, and that 17-A is inapplicable; the petition was dismissed with the court emphasizing a cautious, court-supervised investigation rather than merits-based scrutinies at this stage.

High Court of Kerala
WP(C) NO. 25266 OF 2014

Employees Provident Fund Organization, Kottayam v. M/s Thengakkal Estate Private Limited and Employees Provident Fund Appellate Tribunal

This writ petition challenges Ext.P6, an order dated 10.6.2014 of the Employees Provident Fund Appellate Tribunal, which reduced the damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, from the amount originally levied to 5% of the actual damages. The petitioner, Employees Provident Fund Organization (EPFO), contends that the 2nd respondent (Tribunal) had no authority to remand for such reduction and that the power to reduce or waive damages lies with the Central Board of Trustees only in cases involving a sick industrial company with a rehabilitation plan sanctioned under the Sick Industrial Companies (Special Provisions) Act, 1985. It is argued that mere financial hardship cannot justify waiving damages, and that a willful default or continued delinquency may warrant action after a hearing. The respondent Thengakkal Estate Pvt. Ltd. (part of the RBT group) ran nine tea estates and faced attachment and sale of assets to recover EPF dues; a rehabilitation package, including a moratorium on damages of up to five years, was announced by the Government in 2007 as part of wider plans for closed tea gardens. The Tribunal had reduced damages after considering the financial distress and rehabilitation framework, while the petitioner claimed the remedies were misconstrued and inadequately reasoned. The Kerala High Court ultimately dismissed the writ petition, while underscoring the need for a cautious, justified exercise of 14B, and recognizing the statutory framework surrounding rehabilitation.

High Court of Kerala
MACA NO. 1679 OF 2014

Ammini v. Vinod @ Ravi and Others

Ammini, the first petitioner, filed MACA 1679/2014 challenging an MACT award in OP(MV) No.150/2006 (Mavelikkara) for the death of Sukumaran in a 2005 motorcycle accident. The Tribunal held the insured liable and awarded Rs 2,20,000 with 7.5% interest and costs. The appellant, supported by respondents 6–8, contends the award undervalues the claim. The court engages in a detailed reassessment, adopting higher monthly income for the deceased and adjusting for expected earnings in 2004–2005, citing Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd and Syed Sadik v. Divisional Manager, United India Insurance Company to justify a higher figure (Rs 5,000 per month). It also reconsiders the age category, moving the deceased from the >65 bracket to 60–65, thereby applying a multiplier of 7. The court also revisits future prospects; with six dependents, it deducts 1/4, not 1/3. Loss of estate and loss of consortium are revamped: Rs 15,000 for estate and Rs 40,000 per claimant for the loss of consortium, offsetting a Rs 30,000 award for love and affection. Aggregate recomputed compensation amounts to Rs 3,87,000 in favor of claimants 1–4 and respondents 4–5. The appeal is allowed; the Tribunal’s award is enhanced accordingly.

High Court of Kerala
WA Nos.855, 849 & 980 of 2023

Sajana S S v Suhra Beevi KC & others (WA Nos.855, 849 & 980 of 2023)

These writ appeals arise from WP(C) No. 3618 of 2023 challenging the appointment of a Headmistress at Kailamadam AMLP School, Pantheerankavu, Kozhikode. The respondent Suhra Beevi KC contends that the manager’s 1.6.2022 appointment of the 7th respondent, Sajana S S, as Headmistress bypassed seniority and was illegal. The 5th respondent directed Ext.P7 (order) favouring the petitioner, who was eligible for a test exemption; however, Ext.P7 was not implemented, and the petitioner faced retirement on 31 May 2023. The learned Single Judge directed that Ext.P7 be implemented within ten days, unless stayed, and held that RP No.432/2023 would be governed by Chapter III Rule 7 of the Kerala Education Rules (KER) against non-compliance. The petitioner challenged the review petition, and the court referred to Xavier T.J. v. State of Kerala, noting that the latter’s dictum that minority status must be explicitly indicated in appointment orders has been reversed on a related aspect in WA No.978 of 2023. The Division Bench ultimately held that Ext.P7 had to be implemented in the absence of a stay and that the 2022 appointment was valid for retirement benefits, with post-retirement appointments left to the manager. The appeals are dismissed.

High Court of Kerala
CRL.MC NO.3514 OF 2023

RASIKKABIRAJ v. STATE OF KERALA

Rasikkabiraj v. State of Kerala is a Kerala High Court criminal miscellaneous petition under Section 482 CrPC, heard by a Single Judge, challenging CC 1143/2022 before the Judicial First Class Magistrate, Kozhikode. The petitioner, accused in a case registered for alleged offences under IPC Sections 457 (trespass with intent to commit theft), 511 (attempt to commit offence), and 380 (theft), seeks quashing of proceedings in light of an amicable settlement with the private respondents. The respondents filed affidavits (Annexures A3–A5) asserting that disputes have been resolved and expressing no ongoing grievances. The investigating officer was directed to verify the authenticity of the settlement and check for any impediments, including the accused’s criminal antecedents. The Public Prosecutor voiced reservations about terminating proceedings purely on the basis of settlement, suggesting careful scrutiny of the matter. The Court canvassed established law from leading decisions, notably State of MP v. Laxmi Narayan and the lines of cases including Gian Singh, Narinder Singh, Rajveer Singh, Parbatbhai Aahir, and others, which hold that the inherent power under 482 CrPC may be exercised to quash non‑compoundable offences of a civil/private character where the settlement is genuine, while excluding serious/heinous offenses. On balancing the facts, the Court found the case falls within the permissible ambit of quashing. The petition is allowed and the final report in Crime No. 428/2022 and all further proceedings in CC 1143/2022 are quashed.

High Court of Kerala
W.A.No. 848/2023

W.A.No. 848/2023

WA No. 848 of 2023, arising from the impugned judgment dated 3 March 2023 in WP(C) No.10924/2012, concerns government servants posted in the Factories and Boilers Department of Kerala. The appellants — K. Sreekumar, G. Jayakumar, and S. B. Beena — challenged the orders on alleged violations of their service conditions and sought relief in the High Court. After long pendency, this intra-court appeal was admitted on 5 June 2023. In an order dated 25 May 2023, the Division Bench noted that the central issue is whether the High Court can exercise jurisdiction as a court of first instance for service-condition grievances when the Kerala Administrative Tribunal has been established under the Administrative Tribunals Act, 1985. Relying on L. Chandra Kumar v. Union of India (1997) 3 SCC 261, the court held that the Tribunal is the proper first forum for such matters and that the High Court's jurisdiction under Article 226/227 is limited to post-tribunal challenges. Consequently, the impugned writ judgment was set aside and WP(C) No.10924/2012 was dismissed as not maintainable, with liberty to pursue original application before the Kerala Administrative Tribunal. The Court directed preserving the lis by maintaining the status quo as on 19 April 2023, authorized provisional postings within a week, and urged the Tribunal to decide the OA within four months, thus expediting resolution and avoiding further delay.

High Court of Kerala
WP(C) No. 18451 of 2017

Director of Urban Affairs, SwaraJ Bhavan, Thiruvananthapuram and The Secretary, Local Self Government Department v. C. Vijayamohanan and The Kerala Lok Ayukta

This writ petition challenges a Kerala Lok Ayukta order (Ext. P5, dated 20.12.2016) directing the release of pensionary benefits, including the DCRG and the commuted value of pension, to Sri C. Vijayamohanan, a retired Municipal Secretary, despite pendency of a Vigilance case. The petitioners contend that Rule 3A(a) of Part III Kerala Service Rules, 1959 prohibits such payment during ongoing departmental or judicial proceedings and that the Lok Ayukta’s directive, coupled with government letters and the VACB’s recommendations, defeats the statutory framework and the ongoing disciplinary process. They rely on Kerala High Court judgments and Supreme Court precedents (notably Muraleedharan Nair and Aravindaksha Panicker) to argue that payment cannot be ordered in the face of pendency. The respondents, including the 1st respondent and the Kerala Lok Ayukta, assert that the VACB’s recommendations and the Government’s actions justify release; they rely on Rule 3 and related notes to argue for protection of pensionary interests even amid ongoing inquiries. The Supreme Court, in a decision derived from the Chandran line of authority (2022), ultimately refuses to sustain the Kerala High Court’s interpretation, holding that Rule 3A must be read with Rule 3 (and its notes) and that withholding or recovery may be warranted. The petition is allowed, Ext. P5 is set aside, and the appeals are allowed, with costs.

High Court of Kerala
CRL.MCNO.729OF2023

Anwar Sadik V. P. and others v. State of Kerala and Anees M.

This is a Kerala High Court Criminal Miscellaneous Case (CRL.MC No. 729 of 2023) arising from C.C. No. 552 of 2021 before the Judicial First Class Magistrate-II, Pathanamthitta. Petitioners, accused Nos. 1–3, move under Section 482 CrPC to quash the criminal proceedings on the ground that the disputes between the parties have been amicably settled, supported by Annexure-A4 affidavit from the de facto complainant. The offences alleged in the FIR/charge are sections 341, 323, 294(b) read with Section 34 IPC, allegedly committed on 24-01-2021. The Public Prosecutor initially voiced reservations about quashing solely on settlement, cautioning that non-compoundable offenses and offences of public interest should not be automatically quashed, though there were no other crimes of serious nature against the petitioners and the complainant reportedly bears no enduring grievance. The court rests its analysis on Supreme Court precedents — Gian Singh, Narinder Singh, Laxmi Narayan, and related decisions — to articulate when Section 482 powers may be exercised, emphasising private disputes, lack of serious public impact, and settlement as a factor. The court ultimately allows the petition, holding that quashing the proceedings would promote peace and ends of justice, and directs that Annexure-A2 Final Report and further proceedings in C.C. No. 552/2021 be quashed. The order is authored by Justice Raja Vijayaraghavan V.

High Court of Kerala
MFA (Forest) No. 84 of 2015

MFA (Forest) No. 84 of 2015

The appellant challenges a Kerala Forest Tribunal order under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2005, contending that 75 acres of land at Akampadam, Thrissur district, described in Ext.A1 as a cardamom estate, cannot vest as ecologically fragile land on the appointed day. The High Court reviews the Tribunal’s conclusion that the land lies within an ecologically fragile belt and is surrounded by reserve forests, with evidence showing minimal cardamom cultivation and old trees; the Tribunal relied on a 2015 Commission report and testimony that only five cardamom trees remained, implying a non-viable plantation. The appellant asserts historical cultivation, supported by Ext.A7 series (plantation tax notices) and Ext.A12 (Divisional Forest Officer report) indicating plantation activity and registration with Cardamom Board. He argues that the appointed day, 02.06.2000, saw cultivation, and that cardamom shade trees are compatible with the crop; the presence of cardamom and tax remittances demonstrate cultivation. The respondents submit that, despite registration, evidence shows lack of principal cultivation and that the land qualifies as ecologically fragile and capable of vesting under the Act; reliance is placed on State of A.P. v. Star Bone Mill & Fertiliser Co. The High Court, applying the evidence on record and the dual views, holds that the evidence supports that the property was not ecologically fragile on the appointed day and allows the appeal, setting aside the Tribunal’s order.

High Court of Kerala
CRL.MC NO. 567 OF 2023

Jamees P.K. and others v. State of Kerala

This High Court of Kerala, sitting in a Criminal Misc. Case (CRL.M.C. No. 567 of 2023) before Justice K. Babu, deals with a petition to quash CC 224/2022 arising from Nadakkavu Police Station Crime No. 144/2022. The four petitioners—Jamees P.K., Soja Majeed, Jipsa Majeed, and Jiyas P.K.—are accused of offences under IPC sections 323 (hurt), 406 (criminal breach of trust), 498-A (cruelty to a woman by husband or relative), and 506 read with 34 IPC. The respondent No.3 (Ani?) alleges that 75 sovereigns of gold ornaments were misappropriated by the petitioners, and that she faced mental and physical ill‑treatment and dowry demands, culminating in her leaving the matrimonial home, and later unlawful entry into her family residence where threats and hurt were allegedly caused. Annexure-A1 is the private complaint; Annexure-A2 is the FIR; Annexure-A3 is the final report. The core issue is whether the High Court should exercise its inherent power under Section 482 Cr.P.C. at the pre-trial stage. The Court reiterates that such powers should be exercised sparingly and only in rare cases, and only on the basis of the allegations in the complaint (not on merits). Citing decisions including Swapan Kumar Guha, Pratibha Rani, State v. O.C. Kuttan, OPSharma, Rashmi Kumar, Neeharika Infrastructure, and Mahendra KC, the Court holds that the materials reveal cognizable offences and that the relief cannot be granted; hence the petition is dismissed and trial will proceed in CC 224/2022.

High Court of Kerala
CRL.MC NO.3494 OF 2023

Criminal Miscellaneous Case No. 3494 of 2023, State of Kerala v Toyebaligasi, Mynurgasi and Mangaldipdhara

This is a Kerala High Court invoking its inherent powers under Section 482 CrPC to quash proceedings in CC No.131 of 2023, pending in Judicial First Class Magistrate Court-I, Kozhikode, arising from an offences alleged under Section 324 read with Section 34 IPC. The petitioners, three accused (Toyebaligasi, Mynurgasi, Mangaldipdhara), contend that the disputes between the parties have been amicably settled and that continuing the prosecution would be counterproductive to the ends of justice. Annexure-A3 comprises the affidavit of the third respondent supporting the settlement. The investigating officer was directed to verify the settlement’s genuineness and to ascertain whether the petitioners have any criminal antecedents or impediments to quashing. The learned Public Prosecutor raised reservations about quashing on the basis of settlement alone, but the record shows that the complainant/victim has stated that he harbours no grievances and that there are no other outstanding complaints. The Court surveys leading authority on the exercise of 482 CrPC, including Gian Singh, Narinder Singh, and other decisions, clarifying that quashing is permissible where the offence is primarily civil/private in character, where the parties have settled, and where the offences are not heinous or under special statutes. After weighing gravity, injuries, antecedents, and the amicable settlement, the Court finds no adverse societal impact and allows the petition, quashing the Final Report in Crime No.430/2022 and all further proceedings in CC No.131/2023.

High Court of Kerala
CRL.M.C 706 of 2020

Rajeesh and others v. State of Kerala and Rathnakaran

The petitioners, accused Nos. 1 to 4, in CC No.112/2018 before the Judicial First Class Magistrate, Irinjalakuda, challenge cognizance for offences under IPC Sections 120B, 420, 468 r/w 34. The informant, Rathnakaran, a former secretary of the Temple Protection Samithi of Sri Mariamman Temple, Cheloor, alleges that from 2001 to 2019 the managing committee failed to convene the general body, and that false records were created and submitted to the Registrar to secure re-registration of the society; accounts in question were not submitted for years and names of non-members were included. The Registrar allegedly refused re-registration due to lack of accounts, and the petitioners allegedly fabricated documents to obtain renewal. The petition argues that there is no evidence of wrongdoings beyond the informant’s allegations; no witnesses named; the Registrar and authorities, not the police, should handle such issues. Respondents contend cognizance was properly taken on the complainant’s statement after perusal of the material. The High Court examines whether there was prima facie ground and whether the Magistrate applied mind, citing Lalankumar Singh to emphasize that process orders must state reasons and cannot be automatic. The Court ultimately quashes cognizance and the connected proceedings, holding that the petition should be allowed and the case should not proceed further in the present form.

High Court of Kerala
MACA 994/2013; MACA 374/2013

MACA Nos. 994 & 374 of 2013, High Court of Kerala at Ernakulam

These two motor-accident-claims appeals arise from a common award of the Motor Accident Claims Tribunal, Kollam, in OP(MV) 1583/2004, relating to the death of Vijayalakshmi in a road accident on 11-12-2003. In MACA 994/2013, Leela challenges the Tribunal’s exoneration of the insurer due to policy-violation (the 2nd respondent driving without a valid license by a minor) and seeks enhancement of compensation for loss of dependency, loss of consortium, and related heads, arguing the insurer should pay and recover from the owner. In MACA 374/2013, Fazal and Fasiya (legal heirs of the registered owner) challenge the liability imposed on them and the quantum, while Leela (the claimant) defends the insurer’s liability and the award. The Tribunal held the accident caused by the 2nd respondent (a minor at the time) and exonerated the insurer, applying policy provisions, with liability on the legal heirs. The High Court dissents from complete exoneration of the insurer, holds insurer liable to pay with recovery from the owner’s heirs, and recalculates compensation. It increases dependency loss using a higher monthly income, corrects personal-expenses deduction to 1/2, and adjusts for loss of consortium (while applying Somwati and Pranay Sethi principles). The total compensation is fixed at 1,65,000, with directions for deposit and recovery, and exclusion of 797 days for interest calculations.

High Court of Kerala
MACA NO. 2129 OF 2011

Jitheesh v. V.P. Babu, Sadique & Oriental Insurance Co. Ltd.

This High Court of Kerala, in MACA No. 2129 of 2011, concerns an accident on 18 April 2007 involving a three-wheeler goods auto in which the appellant, Jitheesh, claimed compensation for serious injuries sustained while allegedly travelling in the vehicle as the owner/supplier/agent of Ayurvedic medicines. The Motor Accidents Claims Tribunal, Irinjalakuda, awarded Rs.60,110 and exonerated the Insurance Company on the ground that the claimant failed to establish himself as owner or authorised agent, and that a goods vehicle is not to carry unauthorised passengers under the policy. The appellant argued that he was travelling in the cabin as the owner/authorized representative of the goods carried, and that Section 147(1)(b)(i) of the Motor Vehicles Act, 1988 covers such a passenger, so the insurer should indemnify. The insurer contested, stating the claimant was an unauthorised passenger and thus outside policy coverage. The Kerala High Court held that policy conditions may be violated, but since the vehicle was insured, the insurer was liable to pay initially and then recover from the owner. Citing Suresh, Manoj, Kunhikrishnan and Ramachandrappa, the court reassessed damages, increased notional income to Rs.3,000/month, enhanced bystander expenses, nourishment, pain and suffering, and disability to 5% of the whole body, culminating in a total enhanced compensation of Rs.33,660. The insurer is directed to deposit this amount with interest within two months, with liberty to recover from the owner. The appeal is allowed; no costs.

High Court of Kerala
MFA (Forest) No.53 of 2015

State of Kerala v. Mangottu Tharavadu Trust & Sree Anjaneya Mandir Trust & Gangothry Charitable Cultural and Educational Trust

This is a Division Bench of the Kerala High Court hearing an appeal by the State under Section 8-A of the Kerala Private Forest (Vesting & Assignment) Act, 1971, challenging an order of the Forest Tribunal, Kozhikode, in OA 13/2012, regarding exemption claims under Sections 3(2) and 3(3) of the Vesting Act for lands in Sy.No.18/2, Nemmara Village, Palakkad district. The scheduled lands, originally claimed to form part of Chettikulambu Vested Forest, were challenged by the Mangottu Tharavadu Trust (and allied parties) who had used the property — consisting of an ancient temple and surrounding rocky land — for temple rituals and charitable activities. The Tribunal held that the lands do not possess the characteristics of a private forest under the Vesting Act and are not within the purview of the Madras Preservation of Private Forests Act (MPPFA) since they lie outside the Malabar district’s private-forest framework and are not forest lands per se. The State contends vesting or exemption under the Vesting Act; respondents argue otherwise, citing evidence and boundary considerations. On appeal, the High Court affirms the Tribunal’s reasoning, holding that the scheduled land is not a private forest under Section 2(f)(1)(i) and that exemption under Sections 3(2)/(3) is superfluous. The appeal is dismissed with costs, following the reasoning in State of Kerala v. K.C. Moosa Haji and State of Kerala v. Anglo American Direct Tea Trading Company Ltd.

High Court of Kerala
OP(Crl.) Nos. 365/2023, 355/2023, 356/2023, 357/2023, 358/2023, 366/2023

Remi Poulose K v. State of Kerala and Others (OP(Crl.) Nos. 365/2023, 355/2023, 356/2023, 357/2023, 358/2023, 366/2023)

This batch of Original Petitions (Criminal) filed in the Kerala High Court challenges the inaction of police on cognizable offences reported to the Cyber Crime Police Station Ernakulam City and pending investigations before the Chief Judicial Magistrate, Ernakulam. The petitioner, Remi Poulose K, a complainant in multiple cases, approached the High Court seeking either cognizance and process from the Magistrate or direction to the SHO to register crimes and conduct investigations, with final reports forwarded to the Court. The petitions contend that despite specific allegations of cognizable offences, no action was taken by the police, undermining the pursuit of truth. The Court, while considering the jurisdiction under Section 227 of the Constitution, declined to interfere, and directed the Magistrate to proceed with the complaints in accordance with law. It emphasized that the remedy for police inaction is ordinarily under Cr.P.C. 190 read with 200 (procedural cognizance by the Magistrate) and not a writ petition to compel police investigation through the High Court. The Court noted that the petitioner may request police investigation, which the Magistrate may consider in light of law. The judgment cites AIIMS Employees Union v. Union of India, Aleque Padamsee, Sakiri Vasu, Sudhir Tambe, and M. Subramaniam to support the principle that writ petitions directing police investigation are generally not maintainable. The bench was K. Babu, J., and the petitions were disposed of with directions consistent with law.

High Court of Kerala
WP(C) No.14487 of 2023

Muhammed Kunju M I v. Regional Transport Officer (Enforcement), Joint Regional Transport Officer (Licensing Authority), Transport Commissioner, State of Kerala, and Union of India

The writ petition challenges Ext.P5, an order under Section 19 of the Motor Vehicles Act, 1988 suspending the petitioner’s heavy driving license, on the charge of overload detected during vehicle inspection. The petitioner, a professional driver, contends Ext.P5 was issued without hearing and without authority to suspend under Section 19; Ext.P3 show-cause notice and Ext.P5 order are therefore illegal. Respondents assert that overload constitutes nuisance or danger to the public under Rule 21(8) of the Central Motor Vehicles Rules, 1989, and that Section 19 empowers revocation after due process; the weighment certificate (and e-challan evidence) are cited in support. The petitioner’s counsel argues there is no demonstrable record of violation; the weighment certificate, though cited, is not shown to prove a public nuisance beyond reasonable doubt, and Ext.P5 may be an overreach. The respondents rely on precedents and insist action was invoked to curb violators; the court notes the direction in Anoop K.A. v. State of Kerala (2019) but finds no illegality in Ext.P3 or Ext.P5 on record. Ultimately, the court disposes the petition by permitting the petitioner to challenge Ext.P5 under Section 19(3) before the Appellate Authority, excluding writ-time, and directs stay of revocation if an appeal is filed within two weeks of receiving a certified copy of the judgment, to be decided expeditiously.

High Court of Kerala
MFA(F).86/2015

GOPALAN S/O SANKARAN EZHUTHACHAN v. STATE OF KERALA & CUSTODIAN OF VESTED FOREST

This is a Division Bench appeal under MFA (Forest) No. 86 of 2015 challenging the Forest Tribunal, Kozhikode’s order in O.A. No. 10/2012. The appellant sought a declaration that the scheduled property, a 60-cent parcel in Ambalappara II, Sy. No. 100/1, is not a private forest and alternatively an exemption under Sections 3(2) or 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (the Vesting Act). The Tribunal concluded the land is a private forest not redeemable under Clause (A) to (D) of Section 2(f)(1)(i) and dismissed the application, rejecting cultivation or intent to cultivate as proof for exemption. The High Court, examining the definition of a private forest under the Vesting Act and the onus on proof, affirmed the Tribunal’s findings, relying on precedents that burden lies on the applicant to prove a property is not a private forest. Evidence of cultivation prior to the appointed day was found lacking, despite PW2/ PW3 testimonies and Ext. A2 (1958). The court also found no tangible pre-1971 cultivation or clear owner’s intent to cultivate to warrant exemption under S.3(2) or S.3(3). Consequently, the appeal is dismissed, the Tribunal’s order upheld, and costs allocated between the parties.

High Court of Kerala
O.P.(FC) No. 264 of 2022

O.P.(FC) No. 264 of 2022

Anilkumar, the judgment debtor in O.P. No. 40 of 2013 on the file of the Family Court, Pathanamthitta, challenges Exts. P4, P7 and P8 before the Kerala High Court under Article 227. The Family Court had ordered sale of 18 cents out of 50 cents of attached land after a dispute about which portion was liable to be sold; the sale was fixed to, and ultimately held on, 24.03.2022 with sale proceedings recorded for confirmation on 24.06.2022. The petitioner contends that Order XXI Rule 66 notice was not properly issued or affixed, that no proper proclamation under Rule 54 was made, and that the property schedule and description were incomplete (P5, P6). He further argues that the sale was conducted without making the children of the respondent parties to the execution petition and invokes Rule 90, Order XXI for setting aside the sale. The respondent contends that the sale was properly conducted and that the petitioner should have availed statutory remedies rather than a constitutional petition; the question of limitation is discussed. The Court cites Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational Society and A. Venkatasubhiah Naidu v. S. Chellappan to emphasize restraint on Article 227 where statutory remedies exist, and dismisses the petition.

High Court of Kerala
CRL.M.C No.3392 of 2023

Anillal v. State of Kerala

The petitioner, Anillal, an accused in SC No.1098 of 2018 pending before the 1st Additional Assistant Sessions Court, Thiruvananthapuram, seeks to quash proceedings under Section 482 CrPC on the basis of amicable settlement with the de facto complainant, Arun. The brief facts trace a 31.12.2000 incident at Mayura Lodge where the informant alleges that the accused and others administered a stupefying substance, resulting in the loss of gold ornaments. Annexure A2 purports to the settlement between the parties, and Annexure A1 is the final police report. The Public Prosecutor opposed quashing solely on the basis of settlement, noting the possibility of criminal antecedents and the existence of a separate, identical case quashed in Crl.M.C No.1107/2022. The court reviewed the governing law, citing a line of Supreme Court decisions culminating in State of MP v. Laxmi Narayan and the progeny of Gian Singh, Narinder Singh, and others, to outline the permissible scope of Section 482 CrPC in non-compoundable offences where the civil character predominates and the dispute is entirely resolved between parties. The court also emphasizes that quashing is not appropriate for heinous offences or egregious offences under special statutes, and that the High Court may scrutinize, after investigation and charge-sheet, whether the charge under Section 307 IPC or related provisions is proper. Taking into account the gravity of the offence, the lack of ongoing public interest, and the amicable settlement, the court allows the petition and quashes the proceedings, including the final report (Crime No.19/2001) and all further proceedings in S.C.No.1098/2018.