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2026 Supreme(Online)(Ker) 16821

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
MANMOHAN VELLODI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.KRISHNANUNNI (SR.), SRI.VINOD RAVINDRANATH, SMT.MEENA.A., SRI.K.C.KIRAN, SMT.M.R.MINI, SRI.M.DEVESH, SRI.ASHWIN SATHYANATH, SHRI.ANISH ANTONY ANATHAZHATH, SHRI.THAREEQ ANVER
For the Respondents: GP- NIMA JACOB

Table of Content
1. claim for reconveyance based on defunct status of school. (Para 1 , 2 , 3)
2. government arguments on continued function and land use. (Para 4)
3. court's reasoning based on precedent regarding land acquisition. (Para 6 , 7)

JUDGMENT

The above writ petition is filed challenging Ext.P7 and for a consequential direction to the 1st respondent to consider and pass orders on the request of the petitioner for re-transfer of the land acquired from the predecessor for the purpose of establishing Byrayikulam Lower Primary School, Kozhikode.

2. The petitioner contends that an extent of land, measuring 88 Cents in TMS 277/1 of Ward No.17, Block No.10 of Kozhikode Corporation originally belonging to the maternal grandfather of the petitioner, was acquired for accommodating Byrayikulam Lower Primary School. The School, which commenced functioning after the acquisition of the properties, gradually become defunct owing to substantial decline in the number of students in the said School and ultimately the School itself was closed down. In the said circumstances, the petitioner’s mother made a representation to the Government to reconvey the said property, which was declined by the a

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