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Time of India
29-07-2025
- General
- Time of India
Only RDO can demarcate area for water conservancy, rules Kerala HC
Kochi: High court has held that the revenue divisional officer (RDO) is the competent authority to demarcate the area for water conservancy while considering applications for changing the nature of unnotified land exceeding 20.2 Ares. Tired of too many ads? go ad free now In such cases, 10% of the applied land must be set apart for water conservancy measures, in accordance with Section 27A (2) of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Justice C S Dias issued the ruling in a petition by Chitranjan Thampan of Alappuzha, who sought a direction to RDO to consider his application for changing the nature of his property in the revenue records. The petitioner, who holds possession of 28.25 Ares of unnotified land, had applied to change the nature of only 25.42 Ares, excluding 10% of the total area for water conservancy as required under the Act. However, his application was rejected, prompting him to approach HC. The single bench observed that the power to demarcate the area for water conservancy is vested with the RDO. Although the applicant is required to submit a sketch showing the area proposed to be set apart for water conservancy, the RDO, based on reports from the village officer and agricultural officer, is the competent authority to demarcate and approve such an area. The applicant cannot unilaterally deduct 10% of the land and apply for the remainder. Accordingly, the court directed the petitioner to submit a fresh application along with a new sketch as stipulated under the Rules for changing the nature of the unnotified land.
Time of India
24-07-2025
- Time of India
Registrar can't alter birth certificates relating to disputed paternity, rules Kerala high court
Kochi: High court has held that the registrar of births and deaths in local bodies cannot make corrections in birth certificates relating to disputed paternity, as such matters require a full-fledged trial, adjudication and judicial imprimatur. The bench of Justice C S Dias further clarified that the circular issued by local self-govt department on Dec 16, 2015, mandates that if the father's name is to be changed in the birth records, a DNA test report, an agreement attested before a notary public and an order from a competent court must be produced. HC was considering a petition by a divorced man challenging the correction made in his son's birth certificate, by which his name had been replaced with that of his ex-wife's present partner. The petitioner alleged that the registrar of Payyannur municipality had made the change without issuing notice to him or affording him an opportunity of being heard. According to the petition, the petitioner had married the woman in May 2010, and she gave birth to a child in March 2011. Post-delivery, she went to her paternal home with the child for recuperation. Later, in April 2011, she went missing along with the child. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Up to 70% off | Libas Purple Days Sale Libas Undo On a habeas corpus petition filed by the petitioner, the woman appeared and stated that she desired to live with her lover. In Dec 2011, their marriage was dissolved by mutual consent. Thereafter, the woman and her partner filed a joint application before the municipality registrar to change the father's name in her son's birth certificate, producing certain documentary evidence. Based on this, the registrar altered the entry, prompting the petitioner to move HC. Upon examining the matter, HC noted that, as per Section 112 of the Indian Evidence Act, 1872, a child born during the subsistence of a valid marriage, or within 280 days after its dissolution, is presumed to be the legitimate offspring of the husband, unless it is proved that the spouses had no access to each other during the relevant period. In the present case, it was an admitted fact that the child was born during the subsistence of the marriage, and there was no admission by the parties or declaration by a competent court that the petitioner was not, conclusively, the legitimate father of the child. HC further held that under the Act and the Rules governing corrections to the register of births and deaths, the registrar is empowered to correct or cancel an entry only in cases of clerical or formal errors, or where the entry has been fraudulently or improperly made. Such corrections are to be made by a marginal note, without altering the original entry. Disputed questions of paternity fall outside the scope of the registrar's powers. Quashing the altered birth certificate, HC directed the registrar to reconsider the matter after hearing all parties.
Time of India
19-06-2025
- Politics
- Time of India
Toilets in petrol pumps not for public use: Kerala HC
KOCHI: Kerala high court, in an interim order, directed the state govt not to compel owners of petroleum retail outlets to provide public access to toilets located on their premises. Justice C S Dias gave the order on a petition filed by Petroleum Traders Welfare and Legal Service Society, a registered association of petroleum retail dealers, and four of its members who own petrol bunks, challenging the actions of local self-govt institutions, including Thiruvananthapuram corporation. The petitioners opposed the authorities' move to convert privately maintained toilets within petrol bunks into public toilets, citing the revised guidelines of the Swachh Bharat Mission – Urban. The revised norms mandate public access to toilets at high-footfall locations, including petrol pumps, to improve urban sanitation, and the implementation lies with local bodies. The court adjourned the matter to July 17. The petitioners alleged that local authorities were illegally treating these privately maintained toilets as public facilities. Petitioners cite fire risk The petitioners claimed that posters had been pasted in conspicuous areas of the toilets, including on switches, apparently for collecting public feedback. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Apply Now Undo QR code-enabled posters seeking feedback had also been affixed inside the toilets, they stated. As a result of these measures, many members of the public approach retail outlets demanding toilet access, disrupting the regular operations of the petrol pumps. Tourist buses often arrive at these outlets, insisting that passengers be allowed to use the toilets, the petitioners said. The petitioners also raised serious security concerns, contending that unauthorised public access to fuel retail outlets would significantly increase the risk of fire and other catastrophic incidents, given the influx of people into what is a high risk, restricted area.
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Business Standard
19-06-2025
- Business
- Business Standard
Toilets at petrol pump cannot be used as public facilities, says Kerala HC
The Kerala High Court has temporarily barred the state and local bodies from turning toilets at privately run petrol pumps into public conveniences, LiveLaw reported. Justice CS Dias issued the order while hearing a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five individual retailers. The petitioners argued that officials from the state government and Thiruvananthapuram Municipal Corporation were pressuring them to let everyone use their restrooms. Posters had even been pasted on some pumps, creating 'the impression that the toilets are public toilets', they told the court. 'Public use disrupts daily operations' According to the petition, large groups — including tourists from passing buses — now arrive expecting free access. This crowds petrol-pump premises, causes arguments and, the retailers say, raises safety risks in an area where fuel is handled. The dealers maintain the washrooms were installed only for customers who stop to refuel and need them in an emergency. Allowing unrestricted entry would 'impede and even endanger the functioning of petrol pumps', they said. 'Hence in light of the impending threat and disastrous consequences which might ensue due to usage of such toilets by general public at large; it is essential that requisite directions may be passed by this Honourable Court to restrict usage of such toilets only to customers who come for refuelling their vehicles and that too only in emergency situations,' the petitioners submitted, as quoted by LiveLaw. Court seeks Swachh Bharat guidelines Earlier, the court directed the Thiruvananthapuram Municipal Corporation to produce any guidelines issued under the Swachh Bharat Mission that could justify opening private toilets to the public. The retailers have also asked for a declaration that their toilets are private property safeguarded by Article 300A of the Constitution, and that no law allows authorities to re-designate them as public facilities under the Petroleum Act or its 2002 Rules.
Time of India
18-06-2025
- General
- Time of India
Only civil court can decide on a marriage's validity, not registrar, rules Kerala HC
K ochi: High court has ruled that a registrar of marriages is not authorised to cancel a marriage certificate merely because the parties later claim that the marriage was invalid. Any dispute regarding validity of a marriage must be resolved by a competent civil court. The ruling was made by Justice C S Dias while dismissing a petition filed by a couple challenging the registrar's order rejecting their joint request to cancel the marriage certificate, on the ground that their marriage had been improperly registered. However, the court preserved the petitioners' right to approach a competent civil court for appropriate relief. According to petitioners, they lived together for a short period in Nov 2014 and registered their marriage to avoid legal repercussions and social issues. Shortly thereafter, their relationship deteriorated, and they have been living separately for the past 10 years. They later approached the registrar seeking cancellation of the marriage certificate, claiming that their marriage was not solemnised under the Special Marriage Act, as they belonged to different religions — Muslim and Hindu. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Buy Brass Idols - Handmade Brass Statues for Home & Gifting Luxeartisanship Buy Now Undo The registrar rejected their application, stating that there was no provision to cancel a marriage certificate under the applicable rules. This led the petitioners to approach HC, contending that Rule 13 of the Kerala Registration of Marriages (Common) Rules empowers the registrar to cancel the certificate. HC held that, once the petitioners voluntarily declared that their marriage had been solemnised and submitted supporting documents and oral testimony, the registrar was justified in registering the marriage. The petitioners cannot subsequently seek cancellation of the certificate simply by asserting that no valid marriage took place. The registrar does not have the jurisdiction to adjudicate such a disputed question of fact under Rule 13. Any dispute regarding the validity or existence of a marriage must be resolved by a competent civil court.
