Dismissed

P.S.Sasikumar v. State of Kerala

Kerala HC9 Nov 2018WP(C)/26750/2015

Case brief

AI extract

What is this about?

The High Court examined two writ petitions filed by a petitioner challenging the appointment of a school manager and transfer of ownership. The Court dismissed challenges to manager appointment due to lack of interest but held owners can transfer property subject to existing charges.

What did the court decide?

No right to challenge manager appointment; owners at liberty to transfer property subject to charge.

P.S.Sasikumar Vs State of Kerala — Property and Title | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940

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WP(C).No.26750 of 2015

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PETITIONER/S:

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P.S.SASIKUMAR, AGED 50 YEARS, S/O.SIVAN NAIR, NO.38, ADARSHA VIDYUTH NAGAR, VADAKKANATHARA, PALAKKAD-678012.

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BY ADV. SRI.U.BALAGANGADHARAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM695001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

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3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.

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4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.

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5 THE MANAGER, C.A. HIGH SCHOOL, PERUVAMBA, PALAKKAD678531.

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6 SHRI.K.SUDEVAN, S/O.KUNJELAN, RAMAN THODIKA, PERUMBA AMSOM/DESOM, PALAKKAD-678531.

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7 SMT.VASANTHA KUMARI, W/O.DR. VASANTHAN, AMBALASSERY HOUSE, VADAKKANCHERRY PO, PALAKKAD-678683.

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8 SMT. K.SANTHAKUMARI, W/O.RAMACHANDRAN, KARUMATHIKALAM, KARIPPALI, VADAVANNUR PO, PALAKKAD-678504.

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WP(C).Nos.26750/2015 & 7344/2018 2

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9 SHRI.H.SAJITH, S/O.HAMSATH, SAJI MAHAL, CHUNGAM, PERUVAMBA POST, PALAKKAD-678531.

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BY ADVS. BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN SRI.P.GOPAL SRI.B.MURALEEDHARAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.11.2018, ALONG WITH WP(C).7344/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.26750/2015 & 7344/2018 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940

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WP(C).No. 7344 of 2018

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PETITIONER/S:

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P.S.SASIKUMAR, AGED 47 YEARS, S/O. SIVAN NAIR, SARIGA, PRIYADARSINI ROAD,PALAKKAD DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.

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2 DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001.

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4 DISTRICT EDUCATIONAL OFFICER,

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PALAKKAD-678001.

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5 SUDEVAN, S/O KUNJELAN, GURUKULAM, RAMANTHODIKA, PERUVEMBU P.O.PALAKKAD DISTRICT-678541.

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6 SANTHAKUMARI, W/O. RAMACHANDRAN, KARUMATHIL KALAM, KARIPPALLY, VADAVANNUR P.O.(VIA)CHITTUR, PALAKKAD DISTRICT-678504.

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7 VASANTHAKUMARI, W/O. DR.VASANTHAN, AMBALASSERI HOUSE, VADAKKANCHERY P.O. ALATHUR (VIA), PALAKKAD DISTRICT678541.

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WP(C).Nos.26750/2015 & 7344/2018 4

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8 H.SAJITH, S/O. HAMSATH, MANAGER, C.A.HIGHER SECONDARY SCHOOL, PERUVAMBA P.O., PALAKKAD DISTRICT-678541.

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9 THAJUNNISA, W/O.HAMSATH, SAJI MAHAL, CHUNGAM, PERUVEMBU P.O. PALAKKAD DISTRICT-678541.

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10 SUB REGISTRAR, OFFICE FO THE SUB REGISTRAR, KODUVAYOOR, PALAKKAD DISTRICT-678541.

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11 VILLAGE OFFICER, VILLAGE OFFICE, PERUVEMBU, PALAKKAD DISTRICT-678541.

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BY ADVS. BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN SRI.ABE RAJAN SRI.P.GOPAL SRI.B.MURALEEDHARAN SRI.LIJU. M.P SRI.SAJAN VARGHEESE K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.11.2018, ALONG WITH WP(C).26750/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.26750/2015 & 7344/2018 5

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JUDGMENT

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[WP(C).26750/2015, WP(C).7344/2018]

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Sri.P.S.Sasikumar, the petitioner in these writ petitions entered into an agreement with Sri.Sudevan for the purchase of school and its property. It appears that Sudevan entered into an agreement on behalf of Smt.Santhakumari and Smt.Vasanthakumari. A suit for specific performance was filed. It was not granted. However, a decree was passed by the civil court ordering that the defendant in the suit, Sudevan shall refund Rs.5 lakhs with interest at the rate of 12% p.a. on 08.02.2009 till date of decree and thereafter at the rate of 6% p.a. till date of realisation with cost. It is also further ordered that the above amount will be charged on the plaint schedule property. The plaint schedule property admittedly is a school property.

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P.S.Sasikumar filed W.P.(C) No.26750/2015 challenging the appointment of the Manager. Prima facie, I would say that P.S.Sasikumar has no right to challenge the appointment of the Manager in as much as that he has no interest in the school building or its property and he is not a member of an educational institution. Therefore, this writ petition is dismissed.

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WP(C).Nos.26750/2015 & 7344/2018 6

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Challenging the transfer of ownership and management of the school to the third parties, P.S.Sasikumar filed W.P.(C) No.7344/2018. It is to be noted that he is having only the strength of a decree ordering charge over the property. It is only an enforceable right through the process of the civil court. He cannot question the transfer of ownership or management to a third party by the person who are having interest over the property. The charge being a liability imposed on the property that will run with immovable property. Therefore, owners of the school building are at liberty to transfer. However, this will be subject to the charge created on the property unless the charge is lifted through the process on law. It is made clear that owners of the property are free to transfer the property to any third person.

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With the above observations, this writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).Nos.26750/2015 & 7344/2018 7

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 08.08.2008 BETWEEN THE PETITIONER AND 6TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER IN IA.NO.1926/2010 DATED 12.10.2011 OF SUBORDINATE JDUGE, PALAKKAD.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT DATED 16.03.2015 SUBMITTED BY 7TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY RESPONDENTS 7 AND 8 DATED 16.03.2015 APPOINTING 9TH RESPNDENT AS MANAGER.

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EXHIBIT P5 TRUE COPY OF THE 4TH RESPONDENT DATED 08.05.2015 APPOINTING 9TH RESPONDENT AS MANAGER.

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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT.

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RESPONDENTS EXHIBITS:

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EXHIBIT R9(A) :TRUE COPY OF THE LETTER OF SRI.MOHAMMED JAFFER DATED 26.O2.2015 SUBMITTED UNDER RULE 6 OF THE RIGHT TO INFORMATION ACT, 2005 BEFORE THE PUBLIC INFORMATION OFFICER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS.

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EXHIBIT R9(B) : TRUE COPY OF THE REPLY LETTER NO.E.M. (1)/77352/15/D.P.I. DATED 16.10.2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND SUPERINTENDENT, E.M.SECTION, DIRECTORATE OF PUBLIC INSTRUCTIONS TO SRI.MOHAMMED JAFFER.

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WP(C).Nos.26750/2015 & 7344/2018 8

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EXHIBIT R7(A) : TRUE COPY OF THE CONSTITUTION (BYE-LAW) FRAMED BY THE EDUCATIONAL AGENCY OF THE C.A.HIGHER SECONDARY SCHOOL, PERUVEMBA. EXHIBIT R7(B) : TRUE COPY OF ORDER NO.B4/15331/11/D.DIS.DATED 29.8.2011 OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. EXHIBIT R7(C) : TRUE COPY OF THE JUDGMENT DATED 16.1.2013 IN W.P.(C) NO.24145/2011 OF THIS HON'BLE COURT. EXHIBIT R7(D): TRUE COPY OF ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN SLP(CIVIL) NO.16468/2013 DATED 08.05.2013.

//TRUE COPY//

P.A.TO JUDGE

WP(C).Nos.26750/2015 & 7344/2018 9

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S 452/2010. EXHIBIT P2 TRUE COPY OF THE DECREE IN O.S 452/2010. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEF0RE THE 4TH RESPONDENT DATED 29-052015.

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EXHIBIT P4 TRUE COPY OF THE REPLY ISSUED BY THE 4TH RESPONDENT DATED 4-6-2015. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 29-2-2016 ISSUED BY THE 4TH RESPONDENT. EXHIBITP6 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 9- 5-2017. EXHIBITP7 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 5-7-2017.

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EXHIBIT P8 TRUE COPY OF THE INFORMATION OBTAINED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 24-8-2017 EXHIBIT P8(A) TRUE COPY OF THE APPLICATION OF RESPONDENTS 6 AND 7 SUBMITTED BEFORE THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DATED 05.01.2016. EXHIBIT P8(B) TRUE COPY OF THE ORDER NO.B6/147/16 DATED 18.01.2016. EXHIBIT P8(C) TRUE COPY OF THE APPLICATION OF RESPONDENTS 6 AND 7 SUBMITTED BEFORE THE GOVERNMENT DATED 24.02.2016. EXHIBIT P9 TRUE COPY OF THE ATTACHMENT ORDER PASSED IN THE EXECUTION PROCEEDINGS. EXHIBIT P10 TRUE COPY OF THE ATTACHMENT ORDER PASSED BY THE PRINCIPAL SUB COURT IN E.P.NO.1/18 IN O.S.NO.75/14.

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WP(C).Nos.26750/2015 & 7344/2018 10

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RESPONDENTS EXHIBITS:NIL.

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P.S.Sasikumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.S.Sasikumar v. State of Kerala

Case brief

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