Suo Motu Jurisdiction – Temple Administration – Alleged Plunder of Sacred Assets – Court-Monitored Investigation – High Court initiated suo motu proceedings concerning alleged removal and substitution of gold-cladded plates from Dwarapalaka idols at Sabarimala – Special Investigation Team constituted pursuant to court directions – Continuous judicial supervision exercised to ensure transparency, accountability and thorough investigation [Paras 1–3].

Criminal Investigation – Arrests and Expansion of Probe – Organised Misappropriation – In Crime Nos. 3700/2025 and 3701/2025, majority of accused arrested – Investigation expanded beyond initial suspects with scrutiny of additional individuals based on witness statements and documentary evidence – Held: Prima facie indicators suggest organised and systematic misappropriation rather than isolated acts [Paras 4, 12–13].

Scientific Evidence – Gold Cladding Analysis – Vikram Sarabhai Space Centre Report – Samples of gold plates collected and analysed by VSSC pursuant to court orders – Chemical analysis revealed absence of nickel and acrylic polymer layers in original gold cladding (1998) and presence of such layers in later plating – Comparative thickness and composition indicated substitution and tampering – Held: Scientific report provides crucial evidentiary foundation to identify modus operandi, fix liability and trace conspiracy [Paras 5–7].

Investigation – Role of Experts – Decoding Technical Reports – Court directed SIT to record detailed statements of scientists and technical experts from VSSC and correlate scientific findings with seized material and documentary evidence – Held: Expert evidence essential for decoding technical data and linking it with criminal acts allegedly committed during 1998, 2019, 2024 and 2025 [Paras 6–8].

Temple Assets – Kodimaram Replacement – Seizure of ‘Vajivahanam’ – Investigation revealed replacement of Kodimaram in 2017 and subsequent handing over of ‘Vajivahanam’ to then Thantri – Article seized from residence of Thantri with assistance of certified goldsmith – Prima facie found to be Panchaloha with substantial gold content – Produced before jurisdictional court – Directed deeper probe into Ashtadikpalaka idols and related transactions [Paras 10–11].

Tracing Proceeds of Crime – Financial and Property Investigation – Statements of over 202 witnesses recorded – Bank accounts frozen and immovable properties of accused identified for tracing proceeds of crime – Recording of statements under Section 183 of Bharatiya Nagarik Suraksha Sanhita in progress [Para 9].

Judicial Oversight – Public Trust Doctrine – Temple Properties – Court observed that what appeared to be bona fide administrative actions disclosed serious institutional lapses and possible connivance – Held: Custodians of temple assets are trustees of public faith and any breach warrants stringent scrutiny – Investigation described as having opened a “Pandora’s box” and “hornet’s nest” revealing entrenched misconduct [Paras 12–13].

Further Directions – Sampling, Measurement and Logistical Support – SIT permitted to visit Sabarimala during temple closure to measure doors and collect further samples for quantifying gold misappropriated – State Police Chief directed to ensure full manpower and logistical support to SIT without delay [Paras 15–16].

Decision / Directions: Court recorded satisfaction with progress of investigation – Directed continuation of comprehensive, phased investigation with utmost diligence – Matter posted on 09.02.2026 for further status report.

Mining Lease – Deemed Extension – Section 8A(3), MMDR Act – Validity of Original Grant – Minimum Area Requirement – Petitioner sought deemed extension of mining lease for limestone and dolomite granted in 2006 over an extent of 6 acres (2.43 hectares) – Lease rejected on the ground that the area was below the minimum requirement of four hectares under Rule 22-D(c) of the Mineral Concession Rules, 1960 – Held: Though Section 8A(3) provides for deemed extension of validly granted leases to 50 years, such benefit cannot enure to a lease which was void ab initio for being granted in contravention of statutory rules – Deemed extension presupposes existence of a valid lease [Paras 14, 18, 21, 30].

Mineral Concession Rules, 1960 – Rule 22-D – Applicability – Proviso to Rule 22-D – Rule 22-D prescribing minimum lease area came into force on 10.04.2003 – Proviso excluding its applicability applies only to leases granted prior to insertion of the Rule – Mining lease in question granted on 25.01.2006, after Rule 22-D and its proviso came into force – Held: Proviso does not save the lease – Grant of lease for dolomite over area less than four hectares was in clear violation of Rule 22-D(c) [Paras 16, 18, 20].

Void Mining Lease – Section 19, MMDR Act – Consequences – Any mineral concession granted in contravention of the Act or Rules is void and of no effect – Lease granted contrary to Rule 22-D is statutorily void – Such void lease cannot be validated by subsequent statutory amendments or by invoking deemed extension provisions – Reliance placed on Supreme Court decision in Muneer Enterprises v. Ramgad Minerals & Mining Ltd. [Paras 21–22].

Negative Equality – Article 14, Constitution of India – Petitioner relied on instances where similarly placed lessees were allegedly granted deemed extensions despite holding areas less than the prescribed minimum – Held: Article 14 does not envisage negative equality – Erroneous or illegal benefits conferred on others cannot form the basis for claiming similar relief – Illegality cannot be perpetuated on grounds of parity [Paras 24–26].

Effect of Subsequent Rules – 2016 Concession Rules – Contention that under the 2016 Rules the minimum area requirement stood reduced rejected – Lease granted prior to coming into force of 2016 Rules governed exclusively by Mineral Concession Rules, 1960 – Subsequent change in law cannot cure an illegality existing at the time of grant [Paras 28–30].

Transfer of Lease – Rights of Transferee – Petitioner being a transferee of the lease cannot assert a higher right than the original lessee – Transferee cannot question legality of the original grant when predecessor accepted the lease without demur – Doctrine of “no one can benefit from own wrong” held inapplicable [Paras 27, 29].

Decision: Writ Petition dismissed – Impugned order rejecting deemed extension upheld – Mining lease held void for violation of Rule 22-D of the Mineral Concession Rules, 1960.

Accident Claim - Motor Vehicles Act – Insurer’s Liability – Absence of Fitness Certificate – Accident occurred after expiry of fitness certificate of offending pickup vehicle – Insurance policy contained no condition regarding fitness certificate – Evidence of insurer’s witness admitted absence of such condition – Held: Mere absence or expiry of fitness certificate does not constitute breach of policy conditions under Section 149 MV Act so as to absolve insurer of liability – Insurer liable to satisfy award [Paras 14–17].

Insurance Policy – Breach of Conditions – Burden of Proof – Insurer failed to establish specific policy condition regarding fitness certificate – Reliance on judgments of other High Courts rejected in view of binding coordinate Bench decisions – Held: In absence of explicit policy condition, insurer cannot avoid liability [Paras 14–17].

Composite Negligence and Contributory Negligence – Head-on Collision – Tribunal held drivers of both vehicles negligent – In claim of driver of Innova car, contributory negligence assessed at 60% – High Court reappreciated evidence including spot map and oral evidence – Held: Contributory negligence of deceased driver Deepak reduced to 50% as no evidence showed greater negligence on his part [Paras 19–21].

Spot Map – Evidentiary Value – Spot map showing position of vehicles and point of impact relied upon along with other evidence – Distinguished from cases where negligence inferred solely from resting position of vehicles – Held: Spot map can be considered when it depicts actual point of accident and is supported by evidence [Paras 19–21].

Compensation – Assessment of Income – Minimum Wages – Where documentary proof of income not duly proved, minimum wages applicable – Deceased Deepak treated as skilled labour – Multiplier applied as per age – Compensation recalculated accordingly [Paras 22].

Loss of Consortium – Parents Entitled – Parents of deceased victims entitled to filial consortium – ₹40,000/- awarded to each parent in terms of settled law – Tribunal’s omission corrected [Paras 22, 24, 25, 28].

Income Tax Return – Evidentiary Value – Income tax return of deceased Akash filed prior to death accepted as reliable evidence of income – Tribunal erred in discarding return – Held: Income shown in pre-accident return to be taken for computation of compensation [Paras 23–24].

Bachelor Deceased – Deduction for Personal Expenses – In case of bachelor deceased Rajesh, 50% deduction for personal expenses appropriate – Further deduction on ground that mother also received compensation in another claim held impermissible – Tribunal misapplied Sarla Verma principle – Full dependency compensation allowed [Para 25].

Injured Claimants – Quantum of Compensation – Where no evidence of grievous injury or permanent disability produced, Tribunal’s award confined mainly to medical expenses upheld – No enhancement warranted for injured Santosh and Manish [Paras 26–27].

Students and Future Prospects – Notional Income – Deceased engineering student Hemant’s income assessed on basis of claimants’ own pleading – Treated as semi-skilled/skilled appropriately – Consortium awarded to parents – Compensation enhanced marginally [Para 28].

Interest on Enhanced Compensation – Enhanced compensation to carry interest @ 6% per annum from date of claim petition till realization – Insurer directed to pay entire amount [Para 29].

Decision – Appeals filed by insurance company dismissed – Claimants’ appeals partly allowed with enhancement in specified cases – Common award modified accordingly – Insurer held liable to satisfy enhanced awards [Para 30].

Criminal Law – Murder – Conviction under Section 302/34 IPC – Appeal against life sentence – Victim sustained bullet injuries inside his house on the eve of Panchayat elections – Trial Court convicted appellants on the basis of eyewitness testimony and oral dying declaration – High Court reappreciated entire evidence – Held: Conviction justified and appeal dismissed [Paras 1–5, 79–80].

Evidence Act – Res Gestae – Sections 6 and 7 – Victim’s spontaneous utterance naming appellants immediately after being shot – Statements heard by wife (PW 14) and daughter-in-law (PW 15) – Such utterances formed part of the same transaction and surrounding circumstances – Admissible despite being hearsay in nature [Paras 41–44, 47–49].

Dying Declaration – Oral dying declaration – Section 32, Evidence Act – Victim naming appellants as assailants immediately after first bullet injury and repeatedly thereafter to family members, police personnel and companions en route to hospital – Victim conscious though in pain – Oral dying declaration held admissible and reliable – No requirement of written form or Magistrate recording for admissibility [Paras 49, 55–65].

Witness Testimony – Related witnesses – Wife and daughter-in-law as eyewitnesses – Natural presence at place of occurrence – No motive to falsely implicate appellants – Minor inconsistencies and subsequent allegations of police coercion not sufficient to discard substantive testimony before Court – Court entitled to separate truth from embellishment [Paras 56–57, 71–73].

Medical Evidence – Corroboration – Post-mortem findings of bullet injuries and secondary injuries consistent with collision after being shot – Medical opinion corroborated ocular testimony regarding manner of assault – Absence of X-ray and recovery of bullet not fatal to prosecution case [Paras 14–18, 67–68].

Investigation – Lapses and irregularities – Delay in recording statements under Section 164 CrPC – Non-production of written dying declaration allegedly recorded by police – Deficiencies in sketch map and forensic collection – Held: Serious lapses noted but cannot outweigh cogent and credible eyewitness and dying declaration evidence [Paras 66, 74–76].

Identification of Accused – Visibility and presence at scene – Argument of insufficient lighting rejected – Assailants firing through grill gate necessarily implies mutual visibility – Victim’s immediate recognition of appellants, known to him earlier, found natural and credible [Paras 50–53, 68–69].

Criminal Procedure – Section 313 CrPC – Failure of appellants to take plea of alibi – Denial of presence without explanation – Adverse inference drawn in light of prosecution evidence establishing presence at place of occurrence [Para 78].

Sentence – Fine and compensation – Life imprisonment and fines upheld – Modification directing distribution of fine amount equally between wife and daughter-in-law of deceased – Direction to State to pay compensation of ₹5 lakhs in default of payment of fine by appellants [Paras 80–85].

Decision: Criminal Appeal dismissed – Conviction and sentence under Sections 302/34 IPC, Section 448 IPC and Section 27 Arms Act upheld – Directions regarding surrender, payment of fine and compensation affirmed with modification.

Service Law – Promotion – Vigilance Case – Select List – Exclusion – Government servant included in select list for promotion as Commercial Tax Officer – Subsequently suspended and subjected to vigilance enquiry – FIR registered by Vigilance and Anti-Corruption Bureau after preliminary enquiry – Held: Registration of FIR in vigilance case after preliminary enquiry disentitles officer from inclusion in select list for promotion [Paras 14–19].

Kerala State and Subordinate Service Rules – Rule 28(b)(i)(7) Note (i) – Interpretation – Officers against whom vigilance proceedings are initiated after prima facie establishment of charges in preliminary enquiry shall not be included in select list – Distinction between ordinary criminal cases and vigilance cases reiterated – Tribunal erred in overlooking statutory mandate [Paras 16–19].

Vigilance Case – Prosecution Sanction – Relevance – Sanction for prosecution and filing of final report are not decisive for determining eligibility for promotion – Once FIR is registered pursuant to preliminary enquiry with Government approval, officer becomes ineligible for inclusion in select list – Tribunal’s reliance on date of filing final report held misconceived [Paras 6–7, 19].

Departmental Promotion Committee – Sealed Cover Procedure – In cases of pending vigilance proceedings, DPC is bound to assess suitability and adopt sealed cover procedure – Failure to follow sealed cover procedure contrary to law laid down in K.V. Jankiraman and Babu Prasad [Paras 20–22].

Declaration of Probation – Pendency of Vigilance Case – Officer promoted during pendency of vigilance case not entitled to declaration of probation till conclusion of proceedings – Tribunal erred in directing consideration of probation ignoring pending vigilance case [Paras 22–23].

Article 227 – Scope of Interference – Though supervisory jurisdiction is limited, interference justified where Tribunal’s order is contrary to statutory rules and binding precedent – Impugned order found legally unsustainable and liable to be set aside [Paras 8–13, 23].

Decision – Original Petition allowed – Order dated 26.09.2022 of Kerala Administrative Tribunal in O.A. No.1919 of 2019 set aside – Original Application dismissed – Tribunal’s directions for retrospective promotion and declaration of probation quashed [Paras 23–24].

Rape of Minor – Conviction Based on Sole Testimony of Prosecutrix – Reliability and Credibility – Victim aged 13 years gave a consistent and cogent account of forcible sexual assault and confinement by the accused – Minor discrepancies regarding school timings and routine held to be trivial – Evidence of prosecutrix found to inspire confidence – Held: Conviction can be sustained on sole testimony of prosecutrix without corroboration when evidence is of sterling quality – Sensitivity required in appreciation of evidence of child victims [Paras 31–38].

Sexual Offences Against Children – Consent Irrelevant – Prosecution proved victim was 13 years old at the time of incident – Question of consent wholly irrelevant – Act squarely falling within offence of rape and aggravated penetrative sexual assault under IPC and POCSO Act [Paras 34, 38].

Medical Evidence – Corroborative Value – Medical examination revealed old hymenal tear, redness, tenderness and history of repeated sexual assault – Minor discrepancy in medical opinion not fatal – Held: Ocular testimony of victim prevails over medical evidence – Medical findings sufficiently corroborated prosecution case [Paras 40–44].

Delay in FIR – Effect – FIR lodged after victim returned home next morning – Delay satisfactorily explained considering age of victim and circumstances – No adverse inference drawn [Paras 39, 44].

Criminal Trial – Error in Framing of Charge – Deleted Statutory Provision – Charge framed under Section 376(2)(i) IPC which stood deleted prior to date of incident – Accused contended grave prejudice and failure of justice – Held: Mere error in charge is curable under Sections 215 & 464 CrPC unless prejudice or failure of justice is shown – Accused fully aware that prosecution case was rape of a girl below 16 years – No prejudice caused to defence [Paras 45–58].

Alteration of Conviction at Appellate Stage – Powers of Appellate Court – Conviction under deleted Section 376(2)(i) IPC altered to Section 376(3) IPC – Ingredients of both provisions identical and maximum punishment same – Accused not placed in a worse position – Appellate Court competent to correct error and alter conviction where no failure of justice is demonstrated [Paras 54–66].

Sentencing – Meaningful Hearing – Alleged Prejudice – Contention that hearing on sentence was defective rejected – Accused had opportunity to address sentencing both before Trial Court and High Court – Any defect cured at appellate stage – No violation of principles of fair trial [Paras 61–63].

POCSO Act – Section 42 – Higher Punishment to Prevail – Trial Court correctly applied Section 42 POCSO Act and imposed sentence under Section 376(3) IPC as providing higher punishment – Sentence of rigorous imprisonment for remainder of natural life upheld [Paras 65–67].

Decision – Appeal dismissed – Conviction under Sections 342, 363, 376(2)(n) and 506 IPC maintained – Conviction under Section 376(2)(i) IPC altered to Section 376(3) IPC – Conviction and sentence under Section 5(l) read with Section 6 POCSO Act upheld – Sentence of rigorous imprisonment for life (remainder of natural life) with fine confirmed [Paras 67–68].

Vehicle Requisition – Hire Charges – Non-payment by State – Petitioner’s Maruti Van requisitioned by police authorities for maintenance of law and order under Assam Requisition and Control of Vehicles Act, 1968 – Hire charges payable as per Government Notification dated 06.02.2014 – Bills raised for multiple periods during 2022–2023 – Outstanding amount of Rs. 6,65,004/- claimed – Liability not disputed by respondents [Paras 2–5, 8].

State Liability – Admitted Dues – Once liability admitted, State cannot withhold payment on ground of non-receipt of sanction or allotment of funds – Administrative delay not a valid justification to deny legitimate dues of citizen – Held: Petitioner entitled to payment of outstanding hire charges [Paras 6–9].

Writ Jurisdiction – Mandamus – Direction for Release of Payment – Where facts are undisputed and claim is admitted, writ court justified in issuing direction to authorities to release payment within a stipulated time – Held: Mandamus issued directing Director General of Police to release admitted amount [Paras 9].

Adjustment and Deduction – Statutory Deduction – Amount already paid to be adjusted – Payment to be made after statutory deductions and set-off of sums already credited to petitioner’s account [Para 9].

Decision: Writ petition disposed of – Respondent No. 3 (Director General of Police, Assam) directed to take steps to release the amount lawfully entitled to the petitioner after statutory deductions within six months from receipt of certified copy of the order – Amount already paid to be adjusted at the time of final payment.

Transfer of Matrimonial Proceedings – Section 24 CPC – Convenience of Wife – Paramount Consideration – Wife sought transfer of divorce petition filed by husband at Kurnool to Vijayawada where she was residing with a minor child and where multiple connected proceedings were pending – Distance between Vijayawada and Kurnool exceeding 300 kms causing hardship to wife – Held: In matrimonial disputes, convenience of the wife ordinarily deserves precedence over inconvenience to the husband, particularly when she is residing with a minor child and dependent on her parents [Paras 6, 8].

Multiplicity of Proceedings – Same Parties – Avoidance of Hardship and Conflicting Decisions – Wife had already instituted maintenance proceedings, domestic violence case, and criminal proceedings at Vijayawada – Husband attending proceedings at Vijayawada – Divorce petition filed by husband at Kurnool – Held: Transfer justified to consolidate proceedings at one place to avoid multiplicity and unnecessary hardship [Paras 6–8].

Section 24 CPC – Ends of Justice – Scope of Power – Power to transfer proceedings to be exercised where ends of justice so demand – Court to consider economic condition, social background, standard of living, and protective umbrella available to parties – Reliance placed on Supreme Court decision in N.C.V. Aishwarya v. A.S. Saravana Karthik – Held: Present case squarely falls within parameters warranting transfer [Paras 7–8].

Matrimonial Disputes – Socio-Economic Realities – Judicial Approach – Wife residing separately with five-year-old child and dependent on parents – Lack of male assistance and financial constraints pleaded – Held: Socio-economic realities of Indian society mandate liberal approach in favour of wife while considering transfer petitions [Paras 6–8].

Decision: Transfer Civil Miscellaneous Petition allowed – F.C.O.P. No.78 of 2025 withdrawn from the Family Court-cum-IV Additional District Judge, Kurnool and transferred to the Principal Family Court-cum-IV Additional District Judge, Vijayawada – Directions issued for expeditious transmission of records – No order as to costs.

Income Tax – Reassessment – Second Reopening – Change of Opinion – Invalidity – Assessment for AY 2009–10 earlier reopened and completed under Sections 147/143(3) – Specific issue of interest-free loan received by assessee from closely held company examined – No addition made – Subsequent notice under Section 148 issued for same AY on same foundational facts – Held: Reopening based on mere change of opinion impermissible – Proceedings without jurisdiction [Paras 23–35].

Reassessment – Scope of Sections 147/148 – Abuse of Power – Once reassessment undertaken and concluded after conscious application of mind, Revenue cannot reopen assessment again for same transaction on different legal interpretation – Power of reassessment is an exception and cannot be exercised casually or repeatedly – Second reopening amounts to harassment and uncertainty in tax administration [Paras 31–33, 45].

Interest-Free Loan – Deemed Income – Sections 2(22)(e) and 2(24)(iv) – During first reassessment, AO examined interest-free loan under Section 2(22)(e) and dropped proposed addition – Subsequent attempt to tax notional interest as income under Section 2(24)(iv) based on same facts impermissible – Both provisions held to be “two sides of the same coin” – AO ought to have examined all possible legal consequences in first reassessment itself [Paras 34–35].

Failure to Disclose Material Facts – Extended Limitation – Section 149 – Revenue invoked extended limitation alleging failure to disclose fully and truly material facts – Held: Assessee disclosed primary facts including audited balance sheet, books of accounts and loan transactions – No obligation to disclose secondary facts or inferences – Invocation of extended period held baseless and contrary to law [Paras 36–41].

Primary vs Secondary Facts – Duty of Assessee – Assessee required only to disclose primary facts necessary for assessment – Drawing of inferences and legal conclusions is duty of Assessing Officer – Reopening cannot be justified on ground that AO failed to draw correct inference earlier [Paras 41–42].

Judicial Review – Maintainability of Writ Against Section 148 Notice – Despite availability of alternative remedy, High Court can exercise jurisdiction under Article 226 where proceedings are ex facie without jurisdiction, arbitrary and violative of fundamental rights – Particularly justified where proceedings stayed for years and relate to stale assessment year [Paras 21–22, 43].

Constitutional Law – Arbitrary Reassessment – Violation of Fundamental Rights – Repeated reopening for same issue held violative of Articles 14, 19(1)(g) and 300A of Constitution – Tax administration must adhere to certainty, fairness and rule of law [Paras 45–46].

Costs – Arbitrary Exercise of Power – Court deprecated conduct of Revenue in initiating second reassessment without jurisdiction – Token costs imposed to compensate petitioners and mark disapproval of arbitrary action [Para 47].

Decision – Writ petitions allowed – Notices dated 31.03.2016 under Section 148 and all consequential proceedings quashed – Costs of ₹1,00,000/- per case awarded to each petitioner – Pending applications disposed of [Paras 46–48].