SHANITHA T. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that Mr. Thandaparakkal Muhammed, the father of the petitioner, founded KMHS, Karulai Aided High School in Wandoor Educational District in the year 1968. He was the individual educational agency and Manager of the School till his death on 14/2/2023. The petitioner seeks to declare that the appointment and approval of the 5th respondent as Manager of the School is invalid and illegal. The petitioner has sought certain other consequential and incidental reliefs, including a declaration that Ext.P1 Trust Deed is void ab initio.

(2.) The petitioner states that a public Charitable Trust under the name "Kottarakkad Charitable Trust" was constituted by Thandaparakkal Muhammed on 5/2/2013, as per Ext.P1. However, ownership of the School and right to transfer the management of the School was not transferred to the Trust till Thandaparakkal Muhammed died.

(3.) The preamble of the Deed of Trust was amended by three out of four Trustees stating that it is desirous of entrusting the management of the School along with its building, accessories and assets to the Trust for the purpose of conducting the School, without involving any change of landed property and managership of the School. According to the petitioner, even after the amendment, Mr. Thandaparakkal Muhammed continued to be the Manager of the School till his death.