P. MUHAMMED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the respective petitioners in W.P.(C)Nos.33822 of 2023 and 30218 of 2024, challenging the common judgment dtd. 4/3/2025 passed by the learned Single Judge, whereby the writ petitions ended in dismissal. For convenience of reference, the parties to these writ appeals and the documents produced are referred to in this judgment as they were referred to in the impugned common judgment of the learned Single Judge as well as in W.A.No.593 of 2025, unless otherwise stated.

(2.) According to the appellant in Writ Appeal No.592 of 2025, he is one among the founder Trustees of the Shihab Thangal Educational and Charitable Trust ('the Trust' in short), which is the petitioner in W.P.(C)No.30218 of 2024. The trust was formed with an objective to establish educational institutions and to provide educational facilities to the poor children in backward areas. Ext.P1 is the Trust Deed registered as Document No.788 of 2011 before the Additional SRO, Kozhikode. The Trust purchased the A.M.U.P. School at Mampad, which is an aided School under the ownership and management of one Smt.Aminakkutty. From 20/4/2013 onwards, the School has been under the ownership, possession and control of the Trust. Though the appellant, who was appointed as the Manager as per Ext.P1 Trust Deed, should have been allowed to function as the Manager of the School, the former Manager of the School Smt.Aminakkutty was allowed to continue as the Manager without any right of ownership of the properties. This arrangement was made because the transfer of management from Smt.Aminakkutty to the Trust did not have the necessary approval of the educational authorities as required under the Rules.

(3.) The 5th respondent in W.P.(C)No.33822 of 2023 filed a counter affidavit dtd. 13/11/2023, opposing the reliefs sought in the writ petition and producing therewith Exts.R5(a) to R5(f) documents. Paragraphs 3 to 13 of that counter affidavit read thus: