Kerala Court September 2007 Judgments

The Addl. Chief Secy., Govt. of Kerala and anr. Vs. R.S. Sasikumar and ...

Court: Kerala

Reported in: 2007(4)KLT791

H.L. Dattu, C.J.1. State Government is the appellant in this appeal. Respondent No. 1 is the contesting private respondent. Respondent No. 2 is a formal party.2. The State Government has informed the private respondent that his term as a member of the Syndicate of the 2nd respondent - Cochin University of Science and Technology, Cochin has expired and therefore, he has to vacate his seat as a member of the Syndicate of the University. However, the private contesting respondent is of the view that he can continue to sit and occupy the Chair as a member of the Syndicate. The tussle between the State Government and the first respondent has reached the High Court in the form of a writ petition filed by the private respondent. Learned Single Judge has allowed the writ petition and thereby has permitted the private respondent to continue to occupy his chair as a member of the Syndicate of the second respondent University. The result of the writ petition has brought the State Government befor...

inter Denominational Christian Fellowship Vs. Narayanan and ors.

Court: Kerala

Reported in: AIR2008Ker1; 2007(3)KLJ496

K.T. Sankaran, J.1. The appellant is the fifth respondent in O.P. No. 37280 of 2002, filed by respondents 1 and 2 herein, challenging Ext. P1 order dated 16-3-2001 passed by the Additional District Magistrate, Alappuzha and Ext. P4 order dated 13-11-2002 passed by the Government.2. Inter Denominational Christian Fellowship, the appellant herein, submitted an application dated 1.6-9-1998 for granting a licence to open and maintain a concrete burial vault in 131.8 sq. meters of land comprised in Sy. No. 325/42 of Mannar Village in Chengannur Taluk. The Mannar Grama Panchayat in its resolution dated 23-10-1998 recommended the application. The District Medical Officer in his report dated 26-12-1998, stated that there are no dwelling houses within a distance of 25 metres of the site where the vault was proposed to be constructed. It was also reported that there is no water supply within a redius of 100 metres of the site. The District Medical Officer recommended to issue No Objection Certif...

T.P. Nandakumar Vs. State of Kerala and anr.

Court: Kerala

Reported in: 2008CriLJ298; 2008(1)KLJ269

ORDERV. Ramkumar, J.1. In this Revision filed under Section 397 read with Section 401, Cr.P.C. the revision petitioner (T.P. Nandakumar) who is the first accused in C. C. 27 of 2006 on the file of the J.M.F.C.V, Thiruvananthapuram challenges the order dated 16-7-2007 passed by the learned Magistrate rejecting the revision petitioner's application (C.M.P. 6887/06) for discharge under Section 239, Cr. P.C.2. The revision petitioner is the Chief Editor of a bi-weekly called 'Crime' published from Kozhikode. On 28-6-1999 Smt. Sobhana George who was then an opposition M.L.A., submitted a written complaint before Sri. E.K. Nayanar, the then Chief Minister of Kerala. The substance of the said complaint is as follows:At about 9 a.m. on 26-5-1999 two strangers came to her rented house at Angadikkal in Chengannoor. One of them introduced himself as Santosh Thampan and told her that he is the reporter and his companion is the photographer of an evening daily which was being launched. They sought ...

Sony C. Mathew Vs. State of Kerala

Court: Kerala

Reported in: 2007(3)KLJ629

ORDERV.K. Mohanan, J.1. C.P. No. 26/2006 on the file of the Judicial Magistrate of the First Class Court, Alathur, is instituted upon the final report filed by the Circle Inspector of Police, Vadakkancherry police station after investigation in crime No. 377/2005 of Vadakkancherry police station wherein the offence alleged against the accused (3 in number) is that they have committed offence punishable under Section 55(a) of the Kerala Abkari Act. The petitioner who is the 3rd accused in the above case filed this Crl. M.C. with the prayer to quash annexure B final report to the extent it is against her.2. The allegation against the accused in the above case is that the respondent and party seized the vehicle bearing Reg. No. KL-3/L-4170 at about 9.15 a.m. on 14-7-2005 on the allegation that 700 litres of spirit which was being transported in the above vehicle by one Vinod Varghese and Pradeep at Mangalam bridge in Palakkad District and thereby committed the offence under Section 55(a) ...

K.P. Subair Haji Vs. Secretary to Government, Revenue (S) Department S ...

Court: Kerala

Reported in: (2009)20VST622(Ker)

H.L. Dattu, C.J.1. The parties in these appeals and original petition are common and since the issue involved are interconnected and related, these appeals and the original petition are clubbed, heard and disposed of by this common order.2. One Shri K.P. Subair Haji, the appellant in the appeals and the petitioner in the original petition, is the partner of a firm. The firm is a dealer and it is registered under the provisions of the Kerala General Sales Tax Act, 1963. It was engaged in the business of hill produces.3. For the assessment years 1983-84 to 1988-89, the firm was assessed to sales tax. The appeals filed by the firm before the first appellate authority questioning the correctness or otherwise of the orders of assessment came to be dismissed by the first appellate authority by its order dated July 11, 1994. Aggrieved by the said order, the firm had preferred appeals before the Sales Tax Tribunal. The Tribunal has allowed the appeal by its order dated April 2, 1996 and thereb...

Dr. Marykutty Joseph Vs. State of Kerala and ors.

Court: Kerala

Reported in: 2008(1)KLJ312

Radhakrishnan, J.1. We are in these cases concerned with the interpretation of Rule 5(b) of the Special Rules for the Kerala Dental Education Service, 1975 read with Rule 10(ab) of Part II of the Kerala State and Subordinate Services Rules, 1958.2. O.P. No. 2306 of 2001 was preferred by the appellant in W.A. No. 1893 of 2002 seeking a writ of certiorari to quash Ext.P8 revised select list by which fourth respondent was granted the date of assignment in the cadre of Assistant Professor earlier than the petitioner accepting her plea that she had acquired the qualification earlier than the petitioner when the vacancy in the post of Assistant Professor arose on 1-5-1988. Petitioner was appointed as Tutor in Dentistry on 26-07-1978 as per the advice Of the Kerala Public Service Commission dated 4-7-1978. Fourth respondent was also advised by the Public Service Commission for the post of Tutor in Dentistry on 20-7-1981. At the time of joining duty petitioner possessed BDS qualification presc...

P.K. Alavi Vs. the District Collector and ors.

Court: Kerala

Reported in: 2007(3)KLJ734

J.B. Koshy, J.1. These cases were referred to the Division Bench mainly to consider the question regarding the power of the District Collector to confiscate the vehicle involved in illicit transportation of river sand under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Act'). It is the contention of the petitioners that there is no valid provision conferring jurisdiction on the District Collector to confiscate the vehicle involved in such illicit transportation of river sand and proceedings of confiscation and condition releasing of the same are all invalid. Already with regard to the mining and transportation of sand, there are ample laws like the Mines and Minerals (Regulation and Development) Act, 1957 and Rules made thereunder. However, in view of the environmental problems created by indiscriminate mining of sand, in addition to the above, this Act was also brought into force by the Legislature. ...

Rethy Gangadharan Vs. Industiral Development Bank of India

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI. M.V. VISWANATHAN: JUDICIAL MEMBER The above appeal is preferred from the order dated 21.10.02 passed by the CDRF, Kozhikode in OP.No.525/01. The complaint in OP.525/01 was preferred by the appellant as complainant against the respondent as Opposite party claiming compensation on the ground deficiency in service on the part of the opposite party in not paying the interest at the rate 18% on the principal amount of Rs.5,00,000/- from 13.4.2000 till 17.10.01. The lower forum dismissed the aforesaid complaint on the ground that the claim for interest at 18% is unsustainable and that the complainant is only entitled to get 7% interest which the opposite party had already paid on 17.10.01. Aggrieved by the aforesaid order pass by the lower forum present appeal is preferred by the complainant therein. 2. We heard the learned counsel for the appellant/complainant and respondent/opposite party. The learned counsel for the appellant argued the appeal on the grounds urged in the appeal memor...

Queen Mary Public School Vs. State of Kerala and the Principal Officer

Court: Kerala

Reported in: 2008(1)KarLJ451; 2007(4)KLT206

A.K. Basheer, J.1. The short but important question that has been raised in this bunch of writ petitions is whether the Government of Kerala is justified in taking the decision not to issue No Objection Certificate for affiliation to Central Board of Secondary Education to private unaided schools in the entire State, barring 5 Districts namely Kasaragod, Kannur, Kozhikode, Wayanad and Malappuram and that too only in certain areas of those districts where extreme educational backwardness among the members of a particular religious community persists.2. In the nature of the commonality of the issue, it may not be necessary to refer to the individual grievances of the petitioners as highlighted by them in their respective writ petitions. But the identical grievance is that the applications submitted by the petitioners for grant of No Objection Certificate for affiliation are being refused to be considered by the Government in the light of its order (G.O(P) 107/07/G.Edn) dated June 13, 200...

Bhavani Amma Kanakadevi and ors. Vs. C.S.i. Dekshina Kerala Maha Idava ...

Court: Kerala

Reported in: AIR2008Ker38; 2008(1)KLJ28; 2008(2)KLT340

M. Sasidharan Nambiar, J.1. Whether a provision in a sale deed that in the event of failure to construct a private college in the property sold thereunder, the property shall be reconveyed by the vendee to the vendor for the same sale consideration is barred under the provisions of Sections 10 or 11 of Transfer of Property Act? This is the question to be decided in the appeal.2. Plaint schedule property having an extent of 1.12 acres in Sy. No. 1871 of Kulathumrnal village originally belonged to Parameswaran Pilla, the original plaintiff. Appellants are his legal heirs. It was sold to respondent C.S.I. Dakshina Kerala Maha Idavaka for the purpose of construction of a private college under Ext. A2 sale deed on 17-3-1965 for a consideration of Rs. 11,200/-. There is a clause in Ext. A2 that if by any reason a college could not be constructed, respondent vendee shall reconvey the property for the same consideration to the plaintiff assignor. Contending that no college was construed and as...