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2022 Supreme(Online)(KER) 23074

HIGH COURT OF KERALA
K.M. SASEENDRAN UNNI NAIR – Appellant
Versus
DISTRICT COLLECTOR – Respondent


JUDGMENT

The petitioner is the 2nd senior most male member of Mannarkkad Mooppil Nair Family. Mannarkkad Mooppil Nair Sthanam was the largest landlord in the State of Kerala before coming into force of Kerala Land Reforms Act. A partition suit O.S. No. 65/1956 was filed before the Sub Court, Ottappalam regarding partition of the properties of Mannarkkad Mooppil Sthanam. The family had apart from the landed properties, there are Devaswoms, Temples and Schools. KTM High School Mannarkkad and ALP School Mannarkkad which are functioning under the Kerala Education Act and Rules are schools of Mannarkkad Mooppil Sthanam. The properties in which the schools are functioning belong to the common property of the family is the contention of the petitioner. The properties and the school buildings are co-ownership properties and no person have any independent right over the said property except the co-ownership right is the main contention raised in this petition. The petitioner already filed an application for amending the scheme before the Sub Court, Ottappalam, which is pending consideration.

2. It is stated in the writ petition that the seventh respondent is not a member of the Mannarkkad Mo

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