LEX INSIGHT

Kerala Government Orders Strict Enforcement of Apartment Ownership Act After High Court Intervention Kochi: In a significant move to protect the rights of apartment owners across Kerala, the state government has issued a directive to ensure the stringent implementation of the Kerala Apartment Ownership Act, 1983. The order comes after a Public Interest Litigation (PIL) in the High Court of Kerala highlighted a decades-long gap in the enforcement of the law. For years, apartment owners in the state faced uncertainty due to the non-implementation of the 1983 Act, a situation the government itself has now described as a "serious lacuna". This gap allowed real estate promoters to evade certain statutory obligations, leaving homebuyers without crucial legal protections. The turning point came with a Public Interest Litigation, Ananda Padmanabhan v. State of Kerala & Ors. (WP(C) No. 15166 of 2024) , filed before the High Court. The litigation sought to enforce a key provision ...

In the heart of many family legacies lies a small piece of land, a tangible link to generations past. Yet, this symbol of unity often becomes the source of an unforeseen financial blunder. When siblings inherit a plot too small to divide, the surveyor's line intended to create fairness can inadvertently destroy its value. This article uses the real-world dilemma of two brothers and their 8.97-cent property to illustrate a crucial lesson: the greatest value is found not by splitting the land, but by taking control and developing its unified potential. A Tale of Two Brothers and 8.97 Cents Let's meet two brothers, inheritors of an 8.97-cent plot in Kerala. It's nearly square, with a motorable road gracing its entire eastern boundary. Their first instinct was to divide it down the middle. This seemingly "fair" 50/50 split is a classic trap that cripples a property's worth. The Road-Facing Gem (Eastern Plot): One brother gets a plot with prime road frontage, easi...

  1. The "Cashew Capital's" Crisis: A Local Enterprise's Fight for Survival Kollam, often hailed as the "cashew capital of Kerala," has a rich history with the cashew industry that forms the backbone of its economy. However, this heritage is currently being tested by a particularly difficult period for small businesses, whose financial and legal struggles are threatening their very existence. A recent dispute involving a local cashew enterprise serves as a poignant case study that not only illustrates these vulnerabilities but also reveals how a specific legal framework—the Micro, Small and Medium Enterprises Development (MSMED) Act of 2006—has become a vital lifeline, whose powerful application and provisions we will now discuss in detail. 2. The Legal Labyrinth: When an Unfair Clause Becomes an Unbeatable Foe A recent case study involving a local cashew enterprise in Kollam highlights the financial and legal struggles facing small and medium enterprises (M...

  For generations, the right of minority communities to establish and administer their own educational institutions has been a cornerstone of India's constitutional framework. But a recent Supreme Court judgment has put this long-standing principle under the microscope, raising crucial questions for every teacher and administrator in a minority school. Delivered on September 1, 2025, the verdict in Anjuman Ishaat-e-Taleem Trust vs. The State of Maharashtra not only makes the Teacher Eligibility Test (TET) mandatory but also casts serious doubt on the blanket exemption previously enjoyed by minority schools from provisions of the Right to Education (RTE) Act. This decision marks a significant shift, challenging a precedent that many of these institutions relied upon, and its implications could fundamentally alter how your school operates and how your career progresses. This pivotal judgment, documented in Civil Appeal No. 1385/2025, specifically addresses several key issues tha...

  Introduction In the aftermath of domestic violence, a victim’s journey toward justice is often as daunting as the abuse itself. Imagine a woman, fleeing her abusive husband, who had her shared household in one town, under the territorial limits of a specific police station. She seeks refuge in another town, within the same district but under the jurisdiction of a different police station. The Code of Criminal Procedure, 1973 (CrPC), traditionally links a Magistrate's jurisdiction to these police station limits, creating a seemingly insurmountable barrier to a victim's access to justice if she moves, because she cannot approach the Magistrate overseeing the second police station. This is the core conundrum. While each police station's limits may define the jurisdiction of a specific Magistrate, the Protection of Women from Domestic Violence Act, 2005 (DV Act), was enacted to overcome such procedural hurdles. This article will explore the nuanced legal debate over the disti...

For years, the absence of a robust, enforceable legal framework in Kerala has allowed for a form of legislative fraud in the real estate sector. Unlike Maharashtra, which operates a two-part system with the Maharashtra Apartment Ownership Act (MAOA) defining rights and the Maharashtra Ownership Flats Act (MOFA) providing regulatory enforcement, Kerala has lacked a similar, effective law. This void created an environment ripe for exploitation, where common areas were deceitfully converted to private use, leaving apartment owners with no legal recourse. The Kerala Apartment Ownership Act, 1984 (KAOA), while offering valuable rights, has been rendered largely toothless. This is the core paradox: a statute that grants rights without providing a clear and accessible remedy, turning a protective law into a mere paper tiger. The situation remains unchanged even after the advent of the central RERA Act, as it does not supersede local laws. On the contrary, RERA expressly preserves the applic...