RAMANAND R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers:-

(2.) Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for respondents 5 to 11.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is the managing trustee of a Charitable Trust. By Exhibit P2, the 5th respondent executed agreement for the sale of Ramakrishna High School, Olavilam and its property to the petitioner for a sale consideration of Rs.2,30,00,000/-. At the time of execution of agreement Rs.30,00,000/- was paid to the 5th respondent. Thereafter, Rs.20,00,000/- was paid on 13.06.2011. Balance Rs.1,80,000/- was required to be paid on the registration of the property after obtaining permission of the DPI. Though a substantial amount was paid, there was delay in applying for permission from the DPI. It is contended that as per the terms of agreement, appointments could be made only with written consent of the petitioner. In pursuance to the agreement, the petitioner constructed the new building, carried out maintenance and purchased new school buses. However in total violation of the agreement, the 5 th respondent took steps to register the property in favour to a third party. Moreover, several appointments were made without the consent of the petitioner. Therefore, the petitioner filed a suit. It is stated that though Exts.P15 and P16 were submitted before the Educational Officers seeking orders not to approve appointments and not to permit the transfer of the school to any other person as also seeking action against the 5 th respondent under Rule 7 of Chapter III, KER, no positive action is taken thereon.