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2024 Supreme(Online)(KER) 57373

HIGH COURT OF KERALA
AMAL BABU – Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION – Respondent


JUDGMENT

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These writ petitions have common facts and common questions of law. Hence, these writ petitions are heard together and being disposed of by a common judgment.

2. The petitioner in W.P.(C) No.19232/2023 is beneficiary of the 4th respondent-Gurudeva Trust. The petitioner states that he is filing this writ petition with an intention to protect the Trust properties as the Trust is imparting education which is a public duty.

3. The 4th respondent-Trust is running Sree Narayana Guru Institute of Science and Technology at Manjaly, North Paravur. The Trust is also running another Arts and Science College at Manakkappady. According to the petitioner, as per Clause 4(e) of Ext.P1 Trust Deed, the Trust is empowered to sell, pledge, mortgage or otherwise encumber the assets of the Trust with the approval of the General Body. Clause 22(8) provides that the General Body of the Trust has a right to give sanction to sell any properties belonging to the Trust or to create charge on properties. Therefore, sanction of the General Body is required for mortgaging Gurudeva Trust properties.

4. Respondents 7 to 9, who are the Chairman, Secretary and Treasurer of the Trust since 2014

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