Kerala Court January 2016 Judgments
State of Kerala, Represented by the Chief Secretary to Government and ...
Court: Kerala
Decided on: Jan-27-2016
Ashok Bhushan, CJ. 1. These writ appeals arise out of a common judgment dated 24.06.2013 passed in four writ petitions. W.A. No.720 of 2014 arises out of W.P.(C) No.25045 of 2006, W.A. No. 728 of 2014 arises out of W.P.(C) No. 36204 of 2001, W.A. No. 756 of 2014 arises out of W.P.(C) No.35084 of 2001 and W.A. No.775 of 2014 arises out of W.P.(C) No. 36197 of 2001. 2. The writ petitioners are the respondents in the appeals. Parties shall be referred to as described in the writ petition. W.A. No.720 of 2014 is being treated as the leading case and facts giving rise to the writ appeal shall suffice in deciding the issues raised in all the appeals. 3. The petitioners who had filed the writ petition were appointed as members of Ombudsman as per Section 271G(2) of the Kerala Panchayat Raj Act, 1994 by Notification dated 29.05.2000. In all, 7 persons were appointed as members of the Ombudsman. All the petitioners joined their offices as members of Ombudsman on 30.05.2000. The provision provid...
Tag this Judgment!Achuthan Vs. The State of Kerala, represented by Excise Inspector Thro ...
Court: Kerala
Decided on: Jan-27-2016
1. Accused in S.C.No.94/2002 on the file of the Additional Sessions Court (Fast Track-I), Manjeri, is the appellant herein. The appellant was charge-sheeted by the Excise Inspector, Kalikavu Excise Range in Crime No.11/1997 of the Kalikavu police station under Section 55 (a) and (i) of the Abkari Act. 2. The case of the prosecution in nut shell was that, on 19.06.1997 at about 06.00 p.m., the accused was found to be in possession of 1.750 liters of Indian Made Foreign Liquor in his house with No.III/583 of Pandikkad and he was keeping the same for the purpose of sale and he was engaged in sale of the same in violation of the provisions of Abkari Act, thereby he had committed the offences punishable under Section 55(a) and (i) of the Kerala Abkari Act. 3. After investigation, final report was filed before the Judicial First Class Magistrate Court-I, Perinthalmanna, and the case was taken on file as C.P.No.1/2002. Thereafter it was committed to the Sessions court, Manjeri by the learned ...
Tag this Judgment!S. Beevi Umma Vs. Assistant Educational Officer and Others
Court: Kerala
Decided on: Jan-27-2016
1. The petitioner who is a senior citizen and is an individual educational agency as provided in the Kerala Education Rules,1959 (for brevity 'KER'); challenges Exts.P4 and P9 orders passed by the Government. Ext.P4 is a direction to remit Rs.3,53,652/- being loss sustained to Government on account of payment of salary to Sri T Abhilash for the illegal suspension period. Ext.P9 is a revenue recovery notice issued on the said liability. 2. The brief facts to be noticed are that the petitioner is an individual educational agency carrying on the aided school, MPM L.P.S, Killy, Kollode P.O. The petitioner had, by due authorization, under Rule 3 of Chapter III of KER appointed her husband as the Manager of the School. While the petitioner s husband was continuing as the Manager, the 5th respondent, an LPSA was suspended on 03.01.1998. Allegedly on the basis of an enquiry report, the Manager discharged the 5th respondent, who was said to be on probation at that point of time, on 11.02.1999. ...
Tag this Judgment!Dm Education and Research Foundation and Another. Union of India throu ...
Court: Kerala
Decided on: Jan-27-2016
Ashok Bhushan, C.J. 1.These Writ Appeals have been filed against the common judgment dated 18.08.2015 by which W.P(C) Nos.22658, 22771 and 21098 of 2015 have been dismissed. The Writ Appeals raising common question of facts and law are being decided by this common judgment. 2. Brief facts giving rise to the three Writ Appeals are as follows: W.A. No.1872 of 2015 (arising from W.P(C) No.22658 of 215). The 1st petitioner, a Charitable and Educational Trust, is running DM Wayanad Institute of Medical Sciences. Permission to start Medical College with an intake of 150 students was granted in the academic year 2013-14 after conducting due inspection by the Medical Council of India (fort short, "the MCI").Letter of permission was issued on 15.07.2013. After establishment of the Medical College, petitioners have been conducting the Medical College. An application was made for renewal of the permission for academic year 2014-15, pursuant to which inspection was conducted, by the Medical Counci...
Tag this Judgment!DM Education and Research Foundation Kerala India through its Authoriz ...
Court: Kerala
Decided on: Jan-27-2016
Ashok Bhushan, C.J. 1. These Writ Appeals have been filed against the common judgment dated 18.08.2015 by which W.P(C) Nos.22658, 22771 and 21098 of 2015 have been dismissed. The Writ Appeals raising common question of facts and law are being decided by this common judgment. 2. Brief facts giving rise to the three Writ Appeals are as follows: W.A. No.1872 of 2015 (arising from W.P(C) No.22658 of 215). The 1st petitioner, a Charitable and Educational Trust, is running DM Wayanad Institute of Medical Sciences. Permission to start Medical College with an intake of 150 students was granted in the academic year 2013-14 after conducting due inspection by the Medical Council of India (fort short, "the MCI"). Letter of permission was issued on 15.07.2013. After establishment of the Medical College, petitioners have been conducting the Medical College. An application was made for renewal of the permission for academic year 2014-15, pursuant to which inspection was conducted, by the Medical Coun...
Tag this Judgment!B. Vijayan Nair Vs. S. Thankamani Amma
Court: Kerala
Decided on: Jan-25-2016
Shaji P. Chaly, J. 1. This appeal is preferred by the petitioner against the judgment of the Family Court, Attingal in O.P.No.1813 of 2013 dated 30.09.2015, whereby the Family Court has dismissed the petition filed by the appellant seeking dissolution of marriage under Sec.13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The Original Petition was initially filed before the Family Court, Thiruvananthapuram as O.P.No.1302 of 2012, later transferred to the Family Court, Attingal and renumbered. Earlier, the Family Court had dismissed the petition filed by the appellant as per its judgment dated 31.10.2013, which was subjected to appeal before this Court in Mat. Appeal No.482 of 2014 and, by judgment dated 28.05.2015 it was remitted back to the Family Court for fresh disposal after providing sufficient opportunity to the parties to adduce evidence. 2. The facts required for the disposal of this Appeal are as follows: 3. The appellant and 1st respondent are husband and wife and they got ...
Tag this Judgment!P. Sujanapal Vs. State of Kerala, represented by its Chief Secretary a ...
Court: Kerala
Decided on: Jan-25-2016
Anu Sivaraman, J. 1. These appeals are against the judgment in a writ petition. In their listed sequence, they are respectively by the writ petitioner; the third respondent, a judicial officer; and, the first respondent State of Kerala. The parties are referred to hereinafter in terms of their status in the writ petition. 2. The reliefs sought for by the writ petitioner are for an order directing the State to pay Rs.10 lakhs as compensation to the petitioner by way of public law remedy; for a direction to the State to realise that compensation amount from the third respondent judicial officer; to direct the second respondent High Court of Kerala to initiate disciplinary proceedings against that judicial officer; and for other appropriate reliefs as this Court may deem fit to grant. 3. The facts and circumstances which led to the filing of the writ petition are as follows: (a) On 25.1.2011, one Shahul Hameed moved the Court of the Chief Judicial Magistrate, Ernakulam with a complaint ag...
Tag this Judgment!Abdul Nazar Vs. Iyyathumma and Others
Court: Kerala
Decided on: Jan-25-2016
K. Ramakrishnan, J. 1. This is a petition filed by one of the respondents in R.C.P.No.62 of 2013 on the file of the Rent Control Court, Tirur challenging Ext.P6 order passed by the Rent Controller under Article 227 of the Constitution of India. 2. It is alleged in the petition that the first respondent herein filed Ext.P1 Rent Control Petition as R.C.P.No.62 of 2013 for eviction of the respondents in that petition from the petition schedule building on the ground of arrears of rent, bonafide need and subsequent acquisition of building by the tenants under sections 11 (2), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). 3. In order to prove the case of the landlady that the tenants have acquired another building for the purpose of using the same as godown, for which the petition schedule building was taken, she had taken out an ex parte commission and the Commissioner filed Ext.P2 ex parte report showing the things ...
Tag this Judgment!A. Shanmughan and Another Vs. Vandazhy Grama Panchayat, represented by ...
Court: Kerala
Decided on: Jan-25-2016
Shaffique, J. 1. Since these appeals arise out of a common judgment dated 6/10/2015 in separate writ petitions, they are heard and decided together. 2. WA No.2476/15 is filed by the petitioners in WP(C) No.31911/2014. The writ petition was filed seeking for a direction to the Vandazhy Grama Panchayat and the State Level Environment Impact Assessment Authority (for short 'SEIAA') to ensure that respondents 8 and 9 and their men do not conduct any quarrying operations, crusher unit or construction of M sand unit in the property without permission and licence from the Panchayat under Sections 233 and 232 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act') and for other consequential directions. 3. The petitioners are residents of Ambazhakode and they claim to be agriculturists. They own different pieces of land. According to them, the 8th respondent, claiming to have ownership of about 1.5 acres of land adjacent to their properties, intends to start a stone crushe...
Tag this Judgment!M/s. Fresh Coconut Products Ltd. rep. by its Managing Director Aarattu ...
Court: Kerala
Decided on: Jan-25-2016
Anil K. Narendran, J. 1. This appeal arises out of the judgment of the learned Company Judge of this Court dated 3.7.2014 in C.P.No.32 of 2012, a petition filed by the Kerala State Industrial Development Corporation Ltd., the 1st respondent herein, under Section 433 of the Companies Act, 1956 (hereinafter referred to as 'the Act') seeking an order to wind-up M/s.Fresh Coconut Products Ltd., the 1st appellant herein, under the provisions of the Act. By the said judgment, the learned Company Judge allowed the petition and the 1st appellant company was ordered to be wound-up and the Official Liquidator attached to this Court, the 2nd respondent herein, was appointed as the Liquidator to wind-up the company, who was directed to takeover its assets and records forthwith. The 1st respondent corporation was directed to pay an amount of Rs.20,000/- to the Official Liquidator towards initial expenses and was further directed to publish the order of winding-up and comply with other statutory req...
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