K.A.SETHARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be the co-owner of the property on which "Seetharam Upper Primary School", Kunissery, Palakkad is situated, has approached this Court impugning Ext.P9 proceedings of the 2nd respondent - Director of General Education (DGE), as per which, his application for change of full ownership of the same in his name has been rejected for the reason that the earlier co-owner has already effected transfer of the property to him, even before he had made the said application as per the provisions of the Kerala Education Rules (KER).

(2.) The petitioner says that the property in question was originally owned by a certain Sri.Seetharam Iyer more than 5 to 8 decades ago and that after his death, it devolved upon his two children, Sri,K.S.Anantharaman and Sri.K.S.Ramachandran. He says that he is the son of the aforementioned Sri,K.S.Anantharaman and that there had been some disputes with respect to the title to this property, which was concluded by a judgment and decree of the Principal Sub Court, Palakkad in the year 2009 in O.S.No.286/1991; and that the property was then purchased by his father in Court auction, thus becoming the absolute owner of the same.

(3.) The petitioner submits that, in spite of the fact that the property had been delivered to his father by the Court Ameen as per law, objections came to be raised by aforementioned Sri.K.S.Ramachandran and that the transfer of the management of the School in his father's name was unduly delayed. He says that the 2nd respondent finally, on 11.03.2013, granted approval of transfer of management in favour of his father, as is evident from Ext.P1, but that on 25.01.2013, he died intestate, being survived by himself, his mother and four other daughters.