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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Good Shepherd Educational – Appellant
Versus
Chungathara Grama Panchayat – Respondent
| Table of Content |
|---|
| 1. overview of appellant's educational trust and property related issues. (Para 1 , 2) |
| 2. respondent's counterarguments and past litigation context. (Para 3 , 4) |
| 3. judicial observations on legal process and factual disputes. (Para 5 , 6 , 9 , 10) |
| 4. final judgments on writ appeals and clarifications. (Para 7) |
| 5. clarification on the legal question and circumstances of the case. (Para 8 , 11) |
JUDGMENT :
Muralee Krishna, J.
The appellant, who is the petitioner in W.P. (C)No.22531 of 2013 and W.P.(C)No.26573 of 2013, filed these writ appeals against the common judgment dated 31.10.2018, passed by the learned Single Judge in those writ petitions. Since the issue involved in both these writ appeals are interconnected and the appellant is mainly aggrieved by the dismissal of W.P.(C)No.26573 of 2013, the parties, the facts and the documents are referred to this judgment as in W.A.No.1736 of 2019 and the corresponding W.P.(C)No.26573 of 2013, unless otherwise stated.
2. The appellant is a Trust by name 'Good Shepherd Educational and Charitable Trust ('the Trust' in short) represented by its Managing Trustee. Going by the averments in the writ petitions, the Trust is running a Scho
A writ petition under Article 226 cannot resolve disputes of fact; res judicata and material suppression are significant in adjudicating the validity of claims in earlier proceedings.
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