SNEHASAGAR CHARITABLE TRUST Vs. STATE

JUDGEMENT

(1.) The prayer made in this Writ Petition is that permission be granted to the first petitioner Trust to sell an item of property for raising funds for construction of buildings.

(2.) The first petitioner is a charitable trust. Petitioners 2 to 11 are the trustees of the trust. The trust was constituted with the object of providing care and shelter to aged persons. An extent of 29.40 cents of property in Sy. No. 105/2 in Kuruvattoor Amsom Payimbra Desom in Kozhikode Taluk was purchased by the trust for the purpose of constructing a building to run the old age home. The vendor of that property, attracted by the object of the trust, gifted a further extent of 5 cents adjoining to the 29.40 cents. This combined block of 34.4 cents is situate on the bank of a river and is very suitable and appropriate for running an old age home. But construction could not be started due to paucity of funds.

(3.) It appears that another well wisher of the trust namely, one Pokkanchery Swamikutty had bequeathed an extent of 33.07 cents in Re.Sy. Nos. 78/14 and 80/1 of Nellikode Amsom Desom in Kozhikode Taluk in favour of the trust. This property is within the Kozhikode town limits. The trustees formed an opinion that they can sell that property and utilize the funds obtained therefrom for purchasing further extent of 65.60 cents lying adjacent to the property held by the petitioner trust in Kuruvattoor amsom and utilize the balance for construction of the building.