Kerala High Court
Kidangayam Muslim Brothers ... vs State Of Kerala on 29 March, 2019
Equivalent citations: AIR 2019 (NOC) 529 (KER.), AIRONLINE 2019 KER 1026
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941
WP(C).No. 26595 of 2017
PETITIONER/S:
KIDANGAYAM MUSLIM BROTHERS ASSOCIATION
AGED 63 YEARS
KIDANGAYAM, PANTHALLOOR P.O,MALAPPURAM
DISTRICT,REPRESENTED BY THE SECRETARY
C.K.IBRAHIM MASTER.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,GENERAL EDUCATION (S)
DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 PROF. C. RAVEENDRANATH
MINISTER FOR EDUCATION,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 P. ABDUL KHADER
PUZHAKKAL HOUSE,KIDANGAYAM, P.O.
PANTHALLOOR,MALAPPURAM DISTRICT-676121.
4 THE ASSISTANT EDUCATIONAL OFFICER
MANJERY, MALAPPURAM DISTRICT-676121.
Wpc 26595/2017
-:2:-
5 ADDL.R5.KERALA STATE WAQF BOARD,
V I P ROAD, KALOOR, KOCHI-17.
ADDL. R5 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 10.07.2018 IN WPC.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
T P SAJID SC KSWB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.12.2018, THE COURT ON 29.3.2019 DELIVERED THE FOLLOWING:
============================
W.P.(C).No.26595/2017
============================
Dated this the 29th March 2019
J U D G M E N T
The dispute in this writ petition pertains to the right of administration and management of Kidangayam A.M.L.Primary School. Which of the rival body of persons is entitled to claim the right to manage the aforesaid school is the main question. The Government decided in favour of Shri Abdul Khader, the third respondent, who represents a registered Association formed in the year 2002 by name, Muslim Brothers Association, Kidangayam, as per Ext.P20 to manage the school. The Government decided the matter in revision filed by the third respondent challenging orders of the Assistant Educational Officer, Manjeri, and the Director of Public Wpc 26595/2017 -:2:- Instructions, who concurrently found that the petitioner-Association is the Educational Agency.
2. A.M.L. Primary School is an aided school. It was established by late K.Kuttykrishnan Nair. His Legal heirs transferred the ownership and management of the school to the Secretary, Muslim Brothers Association, Kidangayam. The case of the petitioner is that the petitioner-Association, Kidangayam Muslim Brothers' Association is the same Association which obtained ownership and transfer of management. The transfer was approved by the Director of Public Instructions as per order dated 16.4.1986 (Ext.P2).
3. I am not adverting to the history of litigations which appears to have started off as early as in the year 2002. In several Wpc 26595/2017 -:3:- rounds of litigations, the matter gained the attention of this Court. The question was simple, Kidangayam Muslim Brothers Association or Muslim Brothers Association, Kidangayan is the Educational Agency. During the course of proceedings, taking note of the nature of plea raised by learned counsel for the petitioner, this Court impleaded the Wakf Board. This Court passed the following order on 10.7.2018:
"After hearing the learned counsel for the petitioner as well as the party respondents, I am of the view that Wakf Board is a necessary party in this matter, especially, taking note of the previous writ petition filed by the petitioner as W.P.(C).No.2549/2008, wherein it is stated that the Association is a registered Wakf. The Kerala State Wakf Board, V.I.P Road, Kaloor, Kochi - 682 017 is suo motu impleaded as an additional respondent. The petitioner shall serve a copy of this writ petition on the learned Standing Counsel."Wpc 26595/2017 -:4:-
The learned counsel for Wakf Board also was directed to place before this Court the details of Wakf claimed by the petitioner. This Court also directed the Assistant Educational Officer Manjeri, to place before this Court the entire records relating to the School. Therefore, this Court is having the advantage of perusing these records while considering the matter.
4. In the year 1984, the School was purchased by an unregistered Association, Muslim Brothers Association represented by P.Muhamed Haji, who was the President, Vice President K.P.Abdulla, Secretary, Abdul Khader, who is the third respondent in this respondent, Joint Secretaries, Palapra Mohammed and Kunji Muhamed, Treasurer V.K.Moideen, Association Manager N.Pokker Haji. The records produced before this Court by the Assistant Educational Officer clearly gives the historical Wpc 26595/2017 -:5:- background of the purchase. This would show that on 10.4.1981, a Madrassa Committee was formed consisting of 25 members and decided to take over management of A.M.L.P School and Madrassa. This would also show that there is already an existing committee which is in charge of the Madrassa and a decision was taken to give secular education as well. In the records of the Assistant Educational Officer, it is seen proceedings of Muvasathul Muslimeen and Muslim Brothers Association dated 28.8.1985. It clearly states that the School, Madrassa and Mosque belonged to Muvasathul Muslimeen Sangham and Association and the third respondent was authorised to represent the Society and the Association to obtain an electricity connection. The very crucial document, in this case, is the details furnished before this Court by the Chief Executive Officer of the Wakf Board through Wpc 26595/2017 -:6:- the learned Standing Counsel. In it, the property of Muvasathul Islamic and Muslim Brothers Association have been provided. The details of Wakf property with the Wakf Board furnished before this Court are as follows:
Sl. Sy No. Area Taluk District No. 1 251/2 A 0.34 Ernad Malappuram 2 264/6 0.26 Ernad Malappuram 3 279/4 0.15 Ernad Malappuram 4 257/7 0.33 Ernad Malappuram 5 314/5 5.18 Ernad Malappuram 6 314/2 0.68 Ernad Malappuram 7 314/4 0.46 Ernad Malappuram 8 69/1A 6B 0.46 Ernad Malappuram 9 64/382 0.33 Ernad Malappuram 5. The property purchased by the Muslim
Association Kidangayam is comprised in Survey No.314/4 of Eranadu Taluk having an extent of 46. The very land is also registered in the Wakf register. This would show that the school is in Wakf property and it belongs to Wpc 26595/2017 -:7:- Wakf. The absence of mentioning of the school building in Wakf land would have an impact if some others have claimed that land belongs to Wakf land and the school belongs to a non-Wakf person or entity. In the absence of such claims, it has to be assumed that the school building as well as the land where school stands are in the Wakf property. It is to be noted that Wakf was registered with Wakf Board on 8.9.1961. Therefore, when the property was purchased in the year 1984, details of which have been furnished before the Wakf Board along with the annual returns. The third respondent claims that he is the Secretary of the Muslim Brothers Association. According to him, the property was purchased by Muslim Brothers Association in 1984 and, in the year 2002 this Association got registered under the Indian Societies Registration Act, 1860 and, therefore, no other Association can claim Wpc 26595/2017 -:8:- right or ownership of the land. The third respondent emphatically refuted before this Court, registration with the Wakf. The Government in the impugned order noting that the third respondent is the only living person, who was available at the time of purchase made in the year 1984 found that such person, who was party to the registered document 1984 cannot be divested with the managership.
6. The petitioner-Association's name is Kidangayam Muslim Brothers Association. According to them, by taking note of the position Kidangayam prefixed to the Muslim Brothers Association, the third respondent created a new Association in the year 2002 and made all these attempts to grab the property belonged to the Wakf.
Wpc 26595/2017-:9:-
7. There are two issues to be considered by this Court. One is in regard to the ownership or possession - this primarily has to be considered from the perspective of Section 7(3) of the Kerala Education Act, 1958, it states that the properties of the school shall be in possession and control of the Manager and; secondly, as to the Educational Agency to whom the school belong.
8. In Public Law perspective, the enquiry is limited. The Court cannot travel beyond records and decide the matter on disputed facts. The enquiry in regard to the above aspects should be based on the public records for the purpose of deciding the matter as above. For approving a Manager, the public official has to consider whether the Manager is in possession and control of the school building. Similarly, the Educational Agency while being recognized, it has to be ensured Wpc 26595/2017 -:10:- that the Educational Agency is in possession or control over of the school. On the face of records, if it is not possible to take a decision, the court must stop the enquiry and relegate the parties to approach the civil court or competent authority as the case may be to establish their control or the possession over the school building. In the backdrop of the above, I have to examine the legality of the Government order based on the facts available on public records.
9. The Government proceeded as though the Muslim Brothers Association is the Educational Agency and the third respondent, Abdul Khader, acted as Manager time to time, would be entitled to continue as the Manager. It is obvious that the Government had no advantage of considering the records of Wakf as well as various proceedings maintained by Assistant Educational Officer, Manjeri. If the property Wpc 26595/2017 -:11:- is the Wakf, the question is who is competent to represent the Wakf is the issue. The Government overlooked this aspect. It is to be noted that the third respondent or the Association formed by him had no claim that it is a Wakf property. There is already an entry in regarding the property in the Wakf Register. Therefore, a legal entity which themselves not claiming it as a Wakf, could not have raised any claim over the property. Admittedly, the Association as referred in the sale deed was an unregistered Association. Records of the Assistant Educational Officer clearly establishes that a general body of Muvasathul Muslimeen and Muslim Brothers Association, a registered Wakf with Wakf Board, had taken all decisions related to the taking over of the Madrassa and School and Mosque under it. In view of the fact that a registered Association is not claiming itself Wpc 26595/2017 -:12:- as a Wakf, it cannot, therefore, claim as an Educational Agency as far as ownership and possession is concerned. It is also to be noted that the registered Association came only in the year 2002. It appears that a third person has attempted to obtain information under the Right to Information Act from the Wakf Board in regard to details of aided schools under the Wakf Register. This was responded by the information officer attached to the Wakf Board stating that there is no such registration and what is registered is details under the Wakf in regard to their property and institutions. Such information cannot be a reason to hold that the property is not a Wakf. As already adverted, in the details furnished by Wakf Board, the land as purchased as per Ext.P1 is entered in the Wakf Board Register as per the sale deed. What was purchased by the Association is the land and Wpc 26595/2017 -:13:- school building. Therefore, irresistible conclusion is that the land and the school building as borne out from the Wakf register are maintained as a Wakf property. If there arise any question that it is not a Wakf property, it is a matter to be agitated before the Tribunal by the parties who dispute it. The public documents can be relied on from what it discloses. Therefore, in a public law angle, this would be sufficient to act upon for granting any reliefs under the public law.
10. The question is whether the Muslim Brothers Association, whom the third respondent represent or the petitioner-Association will have to be considered as an Educational Agency in view of the finding that the property as per the records maintained by the Wakf Board is shown as Wakf property. Any Association which is not claiming itself or representing Wakf Wpc 26595/2017 -:14:- cannot raise any such claim. It is also to be noted, a clear factual finding was made by the Assistant Educational Officer, Manjeri, and the Director of Public Instructions in their orders that the petitioner-Association is the Educational Agency and in possession and control over the school.
11. It is to be noted that the third respondent was part of the Association which was managing the school. The case of the petitioner is that the third respondent was expelled in the year 2002. The petitioner-Association is part of the Wakf. Inter se dispute between the members of the Wakf can be resolved through the Tribunal constituted for such dispute. As already noted, the original Association was an unregistered Association. It is not necessary for the purpose of constituting Educational Agency it should be a body corporate. As Wpc 26595/2017 -:15:- defined under Section 2(2) of the Kerala Education Act, an "Educational Agency" can be an individual or body of persons permitted to establish and maintain a private school. Therefore, an unregistered Association can also be an Educational Agency for the purpose of approval under the Act and Rules. If any members of such Association raise any issue regarding competency to represent such Association, they have to approach the civil court or the Tribunal as the case may be. That cannot be resolved under public law remedy. As seen from the details furnished by the Wakf Board, Muvasathul Muslimeen and Muslim Brothers Association, Kidangayam, is a Wakf and the land in Sy.No. 314/4 belongs to them. There is no Wakf registered as Kidangayam Muslim Brothers Association or Muslim Brothers Association. The petitioner-Association claims as part of Wpc 26595/2017 -:16:- Muvasathul Muslimeen Sangham. It is also seen that the Secretary of Muvasathul Muslimeen Sangham as per proceeding dated 1.2.2005 requested the Wakf to change the records as Muvasathul Muslim and Muslim Brothers Association, Kidangayam. The fact that the petitioner-Association is a part of Muvasathul Muslimeen Sangham is not in dispute before this Court. Therefore, based on the public records maintained by the Wakf and the Assistant Educational Officer, it has to be concluded that this school belongs to the Wakf and managed by the petitioner-Association.
12. It is to be noted these are all tentative findings based on public records for the limited purpose of the aforesaid. If the third respondent or any other person has a case that it cannot be treated as a Wakf property, and the school building belongs to Muslim Brothers Association, a non-Wakf Wpc 26595/2017 -:17:- entity, they are free to move the civil court or the Tribunal as the case may be. What I have concluded as above, that in the light of the facts disclosed as above, the Government could not have taken such a decision which on the face of the records is erroneous and perverse. The Government, in fact, overlooked the hearing note prepared by the General Education Department vide Ext.P16 while passing the order impugned.
In the result, the writ petition is allowed. The impugned order is set aside. The Assistant Educational Officer is directed to approve the nominee of the petitioner as the Manager of the school. However, this would be subject to any challenge regarding the character of the property as Wakf or the competency of the petitioner-Association to represent the Wakf. The records placed before this Court by the Assistant Educational Wpc 26595/2017 -:18:- Officer and the details furnished by the Wakf Board will form part of records of this Court. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms Wpc 26595/2017 -:19:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 25.09.1984.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. K.DIS.02- 25038/86/DPI DATED 16.04.1986 PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 21.01.1995.
EXHIBIT P3(A) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 02.02.1996.
EXHIBIT P3(B) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 13.09.1996.
EXHIBIT P3(C) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 19.03.1996.
EXHIBIT P3(D) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 17.03.1999.
EXHIBIT P3(E) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 15.05.2002.
Wpc 26595/2017-:20:- EXHIBIT P3(F) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 03.08.2006.. EXHIBIT P3(G) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION DATED 10.05.2007.
EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 1160/06 DATED 05.08.2016.
EXHIBIT P5 TRUE COPY OF THE RESOLUTION DATED 27.01.2002.
EXHIBIT P6 TRUE COPY OF THE RESOLUTION ADOPTED BY THE GENERAL BODY OF THE PETITIONER ASSOCIATION.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.C/683/02 DATED 30.05.2002 OF THE ASSISTANT EDUCATIONAL OFFICER, MANJERI.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.K.DIS.G2/62019/02/DPI DATED 21.04.2003 PASSED BY THE DPI.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 30.09.2005 PASSED IN WP(C) NO.16552/2004 PASSED BY THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 28.07.2006 PASSED IN WA NO.2470/2005 PASSED BY THIS HON'BLE COURT.
EXHIBIT P11 TRUE COPY OF THE ORDER GO(RT) NO.5943/07/G.EDN DATED 31.12.2007 PASSED BY THE GOVERNMENT.
Wpc 26595/2017-:21:- EXHIBIT P12 TRUE COPY OF THE ORDER DATED 22.01.2008 PASSED IN WP(C) NO.2549/2008 PASSED BY THIS HON'BLE COURT.
EXHIBIT P13 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION DATED 13.03.2002.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 03.01.2017 PASSED IN WP(C) NO.2549/2008 PASSED BY THIS HON'BLE COURT.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 21.02.2017 PASSED IN WA NO.100/17 PASSED BY THIS HON'BLE COURT.
EXHIBIT P15A TRUE COPY OF THE INTERIM ORDER DATED 28.3.2017 IN I.A.NO.391/2017 IN W.A.NO.100/2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P16 TRUE COPY OF THE HEARING NOTE BEARING NO.GEDN/F2/17/17/G.EDN.
EXHIBIT P17 TRUE COPY OF THE PETITION FOR EXTENSION TIME AND CM.APPL. NO.833 OF 2017 IN W.A.NO.100 OF 2017 FILED BY THE STATE BEFORE THIS HON'BLE COURT.
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 03.07.2017 IN CM.APPL.NO.833 OF 2017 IN W.A.NO.100 OF 2017 PASSED BY THIS HON'BLE COURT. EXHIBIT P19 TRUE COPY OF THE ARGUMENT NOTE DATED 1.4.2017 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL SECRETARY TO GOVERNMENT. (TRUE COPY OF THE ARGUMENT NOTE DATED 1.4.2017 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL SECRETARY TO GOVERNMENT.)(IN I.A.13036/2017) Wpc 26595/2017 -:22:- EXHIBIT P20 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT.)2737/2017/G.EDN. DATED 10.8.2017. (TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O. (RT)2737/2017/G.EDN. DATED 10.8.2017.) (I.A.13036/2017) EXHIBIT P21 TRUE PHOTOCOPY OF APPLICATION FILED BY MR.ABDUL HAKEEM BEFORE THE KERALA STATE WAKF BOARD, MANJERY. (TRUE COPY OF THE INTERIM ORDER DATED 9.6.2009 IN I.A.NO.2378/2008 IN WPC.NO.2549/2008 PASSED BY THIS HON'BLE COURT.)(IN IA.11579/2018) EXHIBIT P22 TRUE PHOTOCOPY OF REPLY DATED 26.9.2017 ISSUED BY THE DIVISIONAL OFFICE OF KERALA STATE WAKF BOARD. (TRUE COPY OF THE INTERIM ORDER DATED 27.1.2011 IN WPC.NO.2640 OF 2011 PASSED BY THIS HON'BLE COURT.)(IN IA.11579/2018) EXHIBIT P23 TRUE PHOTOCOPY OF APPLICATIONS SENT BY DIVISIONAL BENCH, MANJERY TO THE HEAD OFFICE DATED 26.9.2017.
EXHIBIT P24 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 10.10.2017.
EXHIBIT P24A TRUE PHOTOCOPY OF RELEVANT EXTRACT OF THE REGISTER ISSUED BY KERALA WAKF BOARD, ERNAKULAM.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3 A TRUE COPY OF THE RELEVANT PAGES OF WRIT PETITION NO.2549/2008.
EXHIBIT R3 B NOTICE DATED 20.6.1984 ISSUED BY THE KERALA WAKF BOARD TO THE PETITIONER ASSOCIATION.
EXHIBIT R3 C TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 13.3.2002 ISSUED BY THE REGISTRAR.Wpc 26595/2017 -:23:-
EXHIBIT R3 D TRUE COPY OF THE BYE-LAW OF THE MUSLIM BROTHERS ASSOCIATION KIDANGAYAM.
EXHIBIT R3 E TRUE PHOTOCOPY OF THE LETTER DATED 8.8.2018 ISSUED BY THE SECRETARY OF THE PETITIONER ASSOCIATION STYLING HIMSELF AS THE MANAGER TO THE HEADMISTRESS OF THE SCHOOL.
EXHIBIT R3 F TRUE PHOTOCOPY OF THE LETTER DATED 6.8.2018 ISSUED BY THE SECRETARY OF THE PETITIONER ASSOCIATION TO THE HEADMISTRESS OF THE SCHOOL.
EXHIBIT R3 G TRUE PHOTOCOPY OF THE COMMUNICATION DATED 10.8.2018 ISSUED BY THE HEADMISTRESS TO THE D.E.O., MANJERI.
EXHIBIT R3 H TRUE PHOTOCOPY OF THE APPLICATION UNDER THE R.T.I. ACT SUBMITTED BY P.RASHEED TO THE KERALA STATE WAKF BOARD.
EXHIBIT R3 I TRUE PHOTOCOPY OF THE REPLY DATED 13.7.2018 ISSUED BY THE WAKF BOARD TO P.RASHEED.
(*)EXHIBIT R4(1) TRUE PHOTOCOPY OF THE STATEMENT OF FACTS SUBMITTED AS PER LETTER NO.C/2256/2017, DATED 7.23.2018, BY THE ASSISTANT EDUCATIONAL OFFICER PURSUANT TO THE DIRECTION ISSUED BY THIS COURT IN THE ORDERS DATED 21.11.2018 AND 3.12.2018 IN THIS WRIT PETITION.
(*)EXHIBIT R5(1) TRUE PHOTOCOPY OF THE STATEMENT OF FACTS SUBMITTED AS PER LETTER NO.A81-SR 459/2018, DATED 19.7.2018, BY THE WAKF BOARD PURSUANT TO THE DIRECTION ISSUED BY THIS COURT IN THE ORDER DATED 13.7.2018 IN THIS WRIT PETITION.Wpc 26595/2017 -:24:-
(*)EXHIBIT R5(2) TRUE PHOTOCOPY OF THE STATEMENT OF FACTS SUBMITTED AS PER LETTER NO.A81-SR 459/2018, DATED 24.7.2018 BY THE WAKF BOARD PURSUANT TO THE DIRECTION ISSUED BY THIS COURT IN THE ORDER DATED 13.7.2018 IN THIS WRIT PETITION.
[(*) EXHIBITS MARKED AS ADDITIONAL DOCUMENTS IN THE WRIT PETITION AS PER THE DIRECTIONS IN THE JUDGMENT] \\TRUE COPY// PS TO JUDGE ms