P. MUHAMMED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.33822/2023 has been filed by the petitioner, who is one among the founder Trustees of the Shihab Thangal Educational and Charitable Trust, Mambad, Malappuram, seeking to set aside Ets.P2 and P9 orders to the extent they appoint the 5th respondent as the Manager of AMUP School, Mambad.

(2.) W.P.(C) No.30218/2024 has been filed by the Secretary of Shihab Thangal Educational and Charitable Trust seeking to direct the respondents to provide the user id and password to operate the Samanwaya online portal and to declare that in view of Ext.P13 it is to be deemed that Sri. Muhammed had continued as the Manager of the School and the decisions taken by him are liable to be ratified.

(3.) The parties to the writ petitions and exhibits marked therein are referred to as they are appearing/marked in W.P. (C) No.33822/2023. The petitioner in W.P.(C) No.33822/2023 contended that from 20/4/2013 onwards, the School has been under the ownership, possession and control of the 6th respondent-Shihab Thangal Educational and Charitable Trust. When the Trust acquired the rights over the School, the petitioner ought to have been allowed to function as the Manager of the School. However, the educational authorities allowed Smt. Aminakkutty, the former Manager of the School, to continue as the Manager without any right of ownership of the properties. This arrangement was necessitated as the transfer of management of the School from Smt. Aminakkutty to the Trust did not have the approval fo the educational authorities.