KARBALA TRUST Vs. SECRETARY GENERAL EDUCATION DEPARTMENT

JUDGEMENT

(1.) THE petitioner is a trust named Karbala Trust, stated to be formed by a registered document. According to the petitioner, there were 56 Muslim Jama aths in Kollam district and the representatives of those Jama aths formed a Milad-e-Sherif Committee for celebrating the Milad-e-Sherif. That Committee applied for sanctioning a school in the year, 1963. A school was sanctioned. Later, the Jama ath Committees and the Milad-e-Sherif Committee formed the Karbala Trust as per registered document. According to the petitioner, present Manager of the school is also a member of the Trust. That Trust has 4.5 Acres in its possession since long. The Trust applied to the Government (Ext.P4 is the copy of application) for change of classification of that property from Sarkar puramboke to property belonging to the Trust. The Government, treating that application as one for assignment, ordered assignment of the said property (Ext.P5 is the copy of that order) to the petitioner. The petitioner claims that it is in possession and enjoyment of the said property (Exts.P6 and P7 are produced to show payment of land revenue) and that in a corner of the said property, in about 7 or 8 cents the school building is situate. The second respondent (is alleged to have) manipulated documents and produced the same before the Government to show that the Milad-e-Sherif Committee still exists and that he being its President is the Manger of the school. In 1978, the said claim of the second respondent was accepted and thus he continues to be the Manager of the (training) school.

(2.) THE petitioner claims to have obtained information from the Government under the Right to Information Act regarding a statement filed by the second respondent under Sec.5 of the Kerala Education Act (for short, "the Act"). Ext.P3 is the copy of the statement the second respondent is said to have given to the Government in accordance with Sec.5 of the Act. In Ext.P3, the second respondent claimed that the school is in possession of

(3.) THE learned counsel for the second respondent has contended that the training school belongs to the Milad-e-Sherif Committee and that it was sanctioned by the Government as per G.O.(M.S).No.123 of 1963 dated 28.02.1962. As per byelaw of the said Committee, its President is to act as Manager of the training school. The first Manager died in the year, 1978 and following that, the second respondent was elected as President of the Committee. Since then, he is functioning as Manager of the training school. There was some dispute regarding ownership of the school which was decided in favour of the Milad-e-Sherif Committee as per Ext.R2 (a), G.O dated 26.10.1978. That order was challenged in O.P.Nos.3818 of 1978 and 362 of 1979. Those Original Petitions were disposed of by Ext.R2(b), judgment. Thereafter petitioner sought a review of Ext.R2(a). This Court, as per judgment in O.P.No.2749 of 2001 directed the Government to consider that request. Against that judgment the second respondent filed W.A.No.2203 of 2001. The Writ Appeal was allowed as per judgment dated 25.05.2005 in view of the direction in Ext.R2(b), judgment. According to the learned counsel, thereafter that the petitioner has come with Ext.P1, representation before the Government to circumvent the direction contained in Ext.R2(b), judgment. The learned counsel submits that in view of the direction in Ext.R2(b), judgment remedy of the petitioner if any, is to approach the civil court.