K.S.ANANTHARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE transfer of management by passing appropriate orders by the 2nd respondent on the application preferred by the petitioner pursuant to the decree obtained from the Civil Court is the subject matter of this writ petition.

(2.) CASE of the petitioner is that the petitioner and the 5th respondent are brothers who were jointly managing the Seetharam Upper Primary School. By virtue of the partition deed, leading to Ext. P1 preliminary decree of 07.06.1993, the school properties were ordered to be partitioned and subsequently, as borne by Ext. P2 final decree, the petitioner purchased the entire school building and properties referred to as 'A' Schedule therein. Pursuant to further steps, delivery of the property was ordered to the petitioner as borne by Ext. P3 Delivery Note. Reference is also made to Ext. P4 and Ext. P5 as to the status of the parties concerned and the directions given to the Amin of the Court for effecting the delivery; steps of which are stated as already completed. The petitioner submitted Ext. P6 application before the 2nd respondent on 22.07.2012 to effect the transfer of management pursuant to the verdict passed by the Civil Court, by passing appropriate orders and to complete the formalities thereon, which however is kept in a cold storage, thus driving the petitioner to this Court for appropriate reliefs.

(3.) THE learned Government Pleader appearing for the State/Departmental Authorities submits that the proceedings as envisaged under the statutory provisions are still to be completed and hence the delay. It is also pointed out that the allegation of extraneous consideration at the instance of the 5th respondent does not have any merits or bonafides.