Kerala Court November 2015 Judgments
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Jaya Balagangadharan Vs. The State of Kerala represented by The Chief ...
Court: Kerala
Decided on: Nov-03-2015
Shaffique, J. 1. These appeals are filed against common judgment dated 20/5/2015 in a batch of writ petitions, by which the learned Single Judge dismissed the writ petitions, which challenged notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred as the 'LA Act') and further proceedings pursuant to the same. Hence, the appeals are heard and decided together. 2. The facts involved in the above writ petitions disclose that a common notification dated 30/5/2008 under Section 4(1) of the LA Act was published in Kerala Kaumudi daily on 2/6/2008, for acquisition of 250 acres of land in different survey numbers forming part of Veiloor Village, Thiruvananthapuram. The purpose of acquisition was for setting up of a "Life Science Park" for Kerala State Industrial Development Corporation (hereinafter referred as the Corporation). In WA No. 1464/2015 which arises from W.P.(C) No. 3011/2010, a separate Section 4(1) notification was published on 3/10/2008. Enquiry wa...
A. Rajendra Nair and Another Vs. G. Sadasivan Nair
Court: Kerala
Decided on: Nov-03-2015
P.N. Ravindran, J. 1. The petitioners are the landlords in R.C.P.No.1 of 2013 on the file of the Rent Control Court, Mavelikkara, a petition filed by them for an order evicting the respondent herein from a residential building, under sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as 'the Act' for short. 2. The petitioners had in the rent control petition averred that, the petition schedule house jointly belongs to them and that excluding two rooms on the southern side, the remaining portion of the house has been let out on rent to the respondent who is none other than the brother-in-law of the first petitioner and the brother of the second petitioner, that the initial entrustment was in the year 2003 for a period of 11 months, but having regard to the relationship between the parties no written agreement was entered into, that when the first petitioner who was employed abroad returned to his native place a demand was made...
P.M. Sankaranarayana Prasad Vs. Malabar Devaswom Board represented by ...
Court: Kerala
Decided on: Nov-03-2015
1. The petitioner was an applicant to the post of Santhikaran in the Pallikkunnu Sree Mookambika Temple. Admittedly, the Santhi of the said temple is alternated between hereditary Santhi and the non-hereditary Santhikaran; each holding charge for two months. A notification is said to have been issued calling for qualified and experienced 'Santhikaran' produced at Ext.R5(c), dated 01.07.2014. The controversy arose allegedly due to the prescription of age in Ext.R5(c) between 35-50; as on 01.01.2014. 2. The petitioner was called for the interview as per Ext.P1. Four persons are stated to have been interviewed by the interview board constituted by the Assistant Commissioner of the Malabar Devaswom Board, the 3rd respondent herein. The members of the interview board were the Inspector Gr.I of the Thalassery Division of the Board, the Thanthri of the temple, the Chairman of the Trustee Board and the Executive Officer of the temple. The 1st rank holder is said to have relinquished his claim ...
The Board of Directors of The Koliyoor Service Co-Operative Bank Ltd. ...
Court: Kerala
Decided on: Nov-03-2015
1. Is there any taboo for the members of the erstwhile managing committee of a co-operative society to be a part of the administrative committee appointed on failure to constitute a successor managing committee in time ? 2. The Board of Directors of the Koliyoor Service Co-operative Bank Limited No. 2665 (the 'Society' for short) resolved on to 02.06.2015 to conduct an election to its managing committee on 02.08.2015. The notification by the State Co-operative Election Commission for the election on the date specified followed along with the appointment of the Electoral and Returning Officer. A final voters list was published on the basis of Section 16A of the Kerala Co-operative Societies Act, 1969 (the 'Act') and Rule 18A of the Kerala Co-operative Societies Rules, 1969 (the 'Rules'). The scrutiny of the nominations received were under way when the entire election process was stayed in W.P.(C). No. 21935/2015 wherein the applicability of Rule 18A of the Rules was inter alia questione...
House Surgeons Association of Government Medical College represented b ...
Court: Kerala
Decided on: Nov-02-2015
1. The House Surgeons Association' and another have filed this writ petition seeking permission to celebrate the Graduation Ceremony with pomp and show on the evening of 12.11.2015. It is the conceded case that the students who want to indulge in such celebration have left the Government T.D.Medical College, Alappuzha in the year 2014. The students after completing their MBBS course were working as House Surgeons in the various hospitals across the State during the past one year. Graduation Ceremony is a formal ceremony to receive the certificates after wearing a prescribed attire for which there need not be any celebration inside the college campus. 2. The Higher Education (G) Department of the Government of Kerala has issued Circular No.26483/G1/15.H dated 12.10.2015 and clause 12 there of is as follows:- Programmes by External agencies/Professional groups/Paid programmes such as DJ, Musical events should not be permitted inside the campus. No type of fund raising from the students s...
S.K. Lane Kavungal Paramba Residents Association, represented by its S ...
Court: Kerala
Decided on: Nov-02-2015
Shaffique, J 1. This public interest litigation has been filed by a registered organisation challenging the action of Perinthalmanna Municipality in locating a fish wholesale market at Kavungal Paramba in Perinthalmanna Municipality. 2. The petitioner contends that when an attempt was made by the Municipality to construct a fish market in the aforesaid area which is in the midst of a residential area, objections were raised by the people in the locality. The matter was taken up before the District Collector, who assured that no pollution will be caused from the fish market. The petitioner also approached the Pollution Control Board (for short 'PCB') seeking for interference in the matter. It is contended that a promise was given that the fish market would be having sufficient provisions for preventing air and water pollution. 3. A building has been constructed in an extent of 92.25 cents to set up the fish market. At the relevant time, the petitioner approached the District Collector w...
Nirmala Thomas, Retired Manager (Finance and Accounts), Kerala State C ...
Court: Kerala
Decided on: Nov-02-2015
1. The petitioner, having put in 34 years of service, retired on 30.06.2010 from the service of the first respondent Federation. He is said to have been eligible to receive Rs.5,24,260/- as gratuity, but he was paid only Rs. 3,50,000/-. 2. Aggrieved at the reduced amount of gratuity paid to him, the petitioner submitted Exhibit P1 representation to the Joint Registrar, who disposed it of through Exhibit P2 order of rejection. Further aggrieved, the petitioner filed Exhibit P3 appeal before the Government, which also dismissed, through Exhibit P4 order, the petitioner's claim. Eventually, assailing Exhibits P2 and P4 orders, the petitioner has filed the present writ petition. 3. The learned counsel for the petitioner has strenuously contended that though the Kerala State Cooperative Societies Act ('the Act' for brevity) contains certain provisions as regards the payment of gratuity to the employees of the Societies, in the event of any conflict or repugnance, the provisions of the Payme...
Satvashil Vasanth Mane @ Kiran Vs. State, represented by The Sub Inspe ...
Court: Kerala
Decided on: Nov-02-2015
1. On 04.08.2015, the Circle Inspector of Police, Iritty, intercepted a car, searched the body of two persons, who were travelling by the car, and consequently seized three gold bars weighing 3 kgs. from the possession of the driver of the car. In the inspection of the car, a secret chamber was traced out, from which Indian currency notes worth Rs.1,10,00,000/- were seized. The Inspector of Police, registered crime No.1014/2015 under Sections 41(1)(d) and 102 Cr.P.C. 2. The Inspector of Police, without delay, reported the matter to the nearest Magistrate's Court, which is the court below, and also produced the entire materials seized, before the said court. 3. Claims were filed by the petitioner herein, as Crl.M.P.3325/2015, and the Superintendent of Customs, Customs Preventive Unit, Thalassery as Crl.M.C.3308/2015. The court below through Annexure 7 order dismissed Crl.M.P.No.3325/2015 and allowed Crl.M.P.No.3308/2015. Based on Annexure 7, the court below released the said three gold ...
K.C. Rajesh Vs. T.K. Santhakumar and Others
Court: Kerala
Decided on: Nov-02-2015
1. Complainant in S.T.No.1502/2000, on the file of the Judicial First Class Magistrate Court-II, Thrissur, is the appellant herein. The case was taken on file by the magistrate on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, (hereinafter called 'the Act'). 2. The case of the complainant in the complaint was that, the accused borrowed a sum of Rs.55,000/- from the complainant and in discharge of that liability, he had issued Ext.P1 cheque drawn on District Co-operative Bank Ltd., Vadanappally Branch. The cheque when presented was dishonoured for the reason 'funds insufficient' in the account of the accused vide Ext.P2 dishonour memo and this was intimated to the complainant by his banker vide Ext.P3 letter. The complainant issued Ext.P4 notice vide Ext.P5 postal receipt and the same was received by the accused evidenced by Ext.P6 postal acknowledgment. He had not paid the amount. So he had committed the offence punishable...
Palpatta Veeran Vs. State of Kerala, Represented by the Chief Secretar ...
Court: Kerala
Decided on: Nov-02-2015
Ramachandra Menon, J. 1. Interference declined by the Forest Tribunal, Kozhikode, dismissing the claim petition filed by the appellant seeking for a declaration that the property concerned herein is not a 'vested forest', is the subject matter of challenge in the appeal. 2. The case of the appellant is that, he had obtained an 'oral lease' of 1 acre of property from the receiver appointed by a civil court, which originally belonged to the Nilambur Kovilakom, for cultivating ginger, tapioca, cashew, mango, jack fruit, etc. and that he had effected the cultivation and was enjoying the property as aforesaid. While so, a criminal case came to be registered against the appellant by the Forest Department in the year 1984, leading to C.C.No.413 of 1984 before the Chief Judicial Magistrate's Court, Manjeri. It is stated that the proceedings ended in acquittal. Subsequently, the Forest Department attempted to interfere with the possession and peaceful enjoyment of the property in the year 1990,...
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