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1995 Supreme(Ker) 53

D.J.JAGANNADHA RAJU
Parent Teacher Association, Maharajas College – Appellant
Versus
State of Kerala – Respondent


Advocates:
Sri. S. A. Nagendran (Senior Counsel), R-5 is impleaded as Addl. 5th respondent as per order on C.M.P. No. 21148 of 1994 dated 3-11-1994, R1 by R3 by Addl. Advocate General Sri. V. K. Beeran, R4 by Senior Advocate Sri. T.P. Kelu Nambiar and Adv. Sri P. G. Rajagopalan, for the Respondents.

ORDER:-

This O.P. is filed by three associations for quashing Ext. P3 order dated 27-10-1993 modifying condition No. 6 in Ext. Pl order dated 12-10-1973. The ancillary reliefs prayed for are: (1) directing respondents to forbear from giving effect to Ext. P3 order; and (2) to issue a writ of mandamus to the fourth respondent to forbear from constructing any multi-storied building on the land allotted to the Kerala History Association, the fourth respondent by Ext. P1 order and in the area encroached by the fourth respondent from out of the College campus.

2. Considering the lengthy Original Petition, the counter-affidavits and the reply-affidavits, I feel it would be sufficient if the cardinal facts are stated for appreciation of the controversy involved in this case. The Kerala History Association was started long ago by eminent history teachers and historians. It was originally given some facilities for conducting its activities in the buildings of the Maharaja's College. Subsequently, as the activities of the Kerala History Association expanded, the fourth respondent-association became a registered association in 1965. As its activities expanded, the fourth respondent approached






















































































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