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2023 Supreme(Ker) 616

BASANT BALAJI
Swaroop V. S/o Velayudhan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R. Harishankar, Parvathy Nair.
For the Respondent: V. Venugopal.

JUDGMENT :

BASANT BALAJI, J.

1. The petitioner is the Manager of PAMM Upper Primary School, an aided school in Palakkad. The school was established in the year 1905, and the former Educational Agency of the school was one Balameenakshi Amma. Due to her old age, she requested the permission of the 4th respondent to transfer the management of the school without involving a change of ownership to the 5th respondent. As per Ext.P1, sanction was accorded to transfer the management of the School without involving a change of ownership in the name of the 5th respondent. Thereafter, the original Educational Agency, Smt. Balameenakshi Amma expressed a willingness to transfer the management of the School with ownership, and Ext.P2 was passed by the 2nd respondent on 13.06.1988, granting permission for the transfer of management with ownership in the name of the 5th respondent. On 09.07.2018, the 4th respondent issued an order appointing the petitioner as the manager of the School with effect from 29.01.2018 as per Ext.P3.

2. The School has more than 400 students studying in classes from I to VII. The property of the School extends to 1 Acre and 8 cents covered by five documents, viz. 3723/1988,

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