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2025 Supreme(Ker) 2564

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.Dias
T.M.Hariprasad – Appellant
Versus
State Of Kerala, Represented By Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Smt.Meena.A., Sri.Vinod Ravindranath, Sri.K.C.Kiran, Smt.M.R.Mini, Shri.Anish Antony Anathazhath, Shri.Thareeq Anver, Smt.Nivedhitha Prem.V
For the Respondent: Sri.C.Y.Vinod Kumar, Shri.K.A.Jaleel, Adv., T. Krishnanunni. Sr, Sr Gp, Smt Preetha K.K., Sc, Sri.Abu Siddik P.

JUDGMENT :

C.S. Dias, J. 

The petitioner is the Manager of Tharakkal A.U.P.School situated within the territorial limits of the 3rd respondent ― Tuvvur Grama Panchayat. The school and its properties were allotted to the petitioner’s late father, T.Krishnanunni, as his share, by Ext.P1 decree by the Court of the Subordinate Judge, Ottappalam. During the pendency of the suit, the school and its properties were managed by an Advocate Receiver. On complaints raised by a few residents of the locality regarding the ownership of the school’s property, the 6th respondent conducted an enquiry and found that the property belonged to the petitioner’s father, who was permitted to remit the land tax for the property. During the pendency of the suit, a local sports club had instituted a suit for a decree of permanent prohibitory injunction to restrain the Advocate Receiver and the School from using the playground. Although the trial court and lower appellate court had decreed the suit and appeal, by Ext.P4 judgment, this Court reversed the concurrent judgments and dismissed the suit, specifically finding that the playground belongs to the school. Later, a public interest litigation was filed befor

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