Respondent/S vs The 11Th Day Of March 2019 / 20Th Phalguna on 11 March, 2019

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Kerala High Court

Respondent/S vs The 11Th Day Of March 2019 / 20Th Phalguna on 11 March, 2019

Bench: Alexander Thomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY ,

AGAINST THE

PETITIONER/S:

RESPONDENT/S:
1

THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

Cr1.MC.No. 7374 of 2018

ORDER IN CC 268/2014 of JUDICIAL MAGISTRATE OF FIRST
CLASS -II, ERNAKULAM

H.E.MUHAMMED BABU SAIT

AGED 66 YEARS

S/O HAJI EASSA HAJI ABDUL SATHAR SAIT XLI/1212,
KRISHNASWAMY ROAD, ERNAKULAM, KOCHI-35.

HAFSA BAI

AGED 54 YEARS

W/O.H.E.MUHAMMED BABU SAIT, XLI/1212, KRISHNASWAMY
ROAD, ERNAKULAM, KOCHI - 35.

SHEMI

AGED 34 YEARS

W/O.NAVAS .K.S., XLI/1212, KRISHNASWAMY ROAD,
ERNAKULAM, KOCHI - 35.

M.B.BASHEER
AGED 57 YEARS

$/QO.BAVA, DARUL ULOOM VOCATIONAL HIGHER SECONDARY
SCHOOL, VEEKAHANAM ROAD, ERNAKULAM, KOCHI - 35.

BY ADV. SRI.P.A.MUJEEB

SHAREENA BEEVI

AGED 29 YEARS

W/O NISSAM K.B,

HOUSE NO.13/966, KARUVELIPPADY, THOPPUMPADY P.O.,
ERNAKULAM, KOCHI - 35.

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.

BY ADVS.

SRI .SUNIL V.MOHAMMED
SMT .T.M.NEZLA
SRI.T.U.ZIYAD


Crl.MC.No. 7374 of 2018,
WP(C) .Nos. 12244 of 2014 629113 of 2015

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR, SME.T.M.NEZLA,
SRI.S.C.ABDUL SAMMAD, SRI.P.A.MUJEEB,
SRI .P.VIJAYAKUMAR,ASGI, SRI.P.SHANDRASEKHARA
PILLAI,C.B.I.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.03.2019, ALONG WITH WP (C) .12244/2014, WP(C) .29113/2015, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:


Cr1.MC.No. 7374 of 2018,
WP(C) .Nos. 12244 of 2014 £29113 of 2015

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

WP(C) .No. 12244 of 2014

PETITIONER/S:

RIBIN K.A

S/O.K.K. ABDUL RAHIMAN, PHYSICAL EDUCATION TEACHER,
DARUL ULOOM VOCATIONAL HIGHER SECONDARY AND HIGHER
SECONDARY SCHOOL, VEEKSHNAM ROAD, KOCHI-682018,
RESIDING AT KANIYAMPARAMBIL HOUSE, NORTH PARAVOOR,
ERNAKULAM DISTRICT-683513.

BY ADVS.

SRI.P.K.SURESH KUMAR (SR.)
SRI.C.S.ABDUL SAMMAD
SRI.NISHIL.P.S.

SRI.SUNIL V.MOHAMMED
SRI.T.U.ZIYAD

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001 .

2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM- 695001 .

3 THE DEPUTY DIRECTOR OF EDUCATION
ERNAKULAM- 682030.

4 THE REGIONAL ASSISTANT DIRECTOR
VOCATIONAL HIGHER SECONDARY EDUCATION EDAPALLY,
ERNAKULAM, KOCHI-682024.


Crl1.MC.No.

7374 of 2018,

WP(C).Nos. 12244 of 2014 £29113 of 2015

10

11

12

13

14

15

THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, EDAPALLY, ERNAKULAM,
KOCHI-682024.

H.E. MOHAMMED BABU SAIT
MANAGER, DARUL ULOOM VOCATIONAL HIGHER SECONDARY
AND HIGHER SECONDARY SCHOOL, ERNAKULAM-682018.

ADDL.R7 THE PRINCIPAL
DARUL ULOOM HIGHER SECONDARY SCHOOL, VEEKSHANAM
ROAD, KOCHI-682018.

ADDL.R8 THE PRINCIPAL
DARUL ULOOM HIGHER SECONDARY SCHOOL, VEEKSHANAM
ROAD, KOCHI-682018.

ADDL.R9 THE HEADMASTER
DARUL ULOOM HIGHER SCHOOL, VEEKSHANAM ROAD, KOCHI-
682018.

ADDL.R10 H.E MOHAMMED BABU SAIT

AGED 61 YEARS

MANAGING TRUSTEE, S/Q HAJI EASSA HAJI ABDUL SATHAR
SAIT, KHADEEJA BAI TRUST ARANGATH ROAD, PULLEPADY,
KOCHI-682018.

ADDL.R11 RIYAS AHMED SAIT

AGED 61 YEARS

TRUSTEE, S/O LATE AHMED USMAN SAIT, KHADEEJA BAI
TRUST ARANGATH ROAD, PULLEPADY, KOCHI-682018.

ADDL.R12 NASAR LATIF

AGED 55 YEARS

TRUSTEE, S/O LATIF, KHADEEJA BAI TRUST ARANGATH
ROAD, PULLEPADY, KOCHI-682018.

ADDL.R13 H.E AHMED THAHIR SAIT

AGED 61 YEARS

TRUSTEE, KHADEEJA BAI TRUST ARANGATH ROAD,
PULLEPADY, KOCHI-682018.

ADDL.R14 VASEEM A SAIT

AGED 47 YEARS

TRUSTEE, ABDUL AZEEZ SAIT, KHADEEJA BAI TRUST
ARANGATH ROAD, PULLEPADY, KOCHI-682018.

ADDL.R15 SALMAN M BABU SAIT


Crl.MC.No. 7374 of 2018,
WP(C) .Nos. 12244 of 2014 £29113 of 2015

AGED 35 YEARS
TRUSTEE, S/O BABU SAIT, KHADEEJA BAI TRUST ARANGATH
ROAD, PULLEPADY, KOCHI-682018.

16 ADDL.R16 K.B NIZAM
HIGHER SECONDARY SCHOOL TEACHER (ARABIC), DARUL
ULOOM VOCATIONAL HIGHER SECONDARY AND HIGHER
SECONDARY SCHOOL, VEEKSHANAM ROAD, KOCHI-682018.

17 ADDL.R17 SADATH T.U
S/O LATE T.K UMMER, LOWER GRADE HINDI TEACHER,
HIGHER SECONDARY SCHOOL TEACHER (ARABIC), DARUL
ULOOM VOCATIONAL HIGHER SECONDARY AND HIGHER
SECONDARY SCHOOL, VEEKSHANAM ROAD, KOCHI-682018.

18 ADDL.R18 SHAREENA BEEVI A R
UPSA, DARUL ULOOM VOCATIONAL HIGHER SECONDARY AND
HIGHER SECONDARY SCHOOL, VEEKSHANAM ROAD, KOCHI~
682018. (ADDL.R7 TO R18 ARE IMPLEADED AS PER ORDER
DATED 12/02/2019 IN IA.NO.02/2019)

BY ADVS.

SMT .T.M.NEZLA
SRI.P.A.MUJEEB

SRI .M.C.GOPI
SRI.N.N.SUGUNAPALAN (SR.)

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.03.2019, ALONG WITH WP(C) .29113/2015, Crl.MC.7374/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:



Crl.MC.No. 7374

of 2018,

WP(C).Nos. 12244 of 2014 £29113 of 2015

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

PETITIONER/S:

RESPONDENT/S:
1

WP(C) .No. 29113 of 2015

KERALA WAKF SAMRAKSHANA VEDHI (REGD.)

AGED 50 YEARS

DOOR NO.62/62, LISSIE HOSPITAL ROAD, KOCHI-682018,
REPRESENTED BY ITS SECRETARY, SRI.NASSIR MANAYIL.

T.M.ABDUL SALAM

S/O.MUHAMMED, PRESIDENT, KERALA WAKF SAMRAKSHANA
VEDHI (REGD.), DOOR NO.62/62, LISSIE HOSPITAL ROAD,
KOCHI-682018.

BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SRI.C.S.ABDUL SAMMAD
SRI.T.U.ZIYAD

STATE OF KERALA

REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695
001.

CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS DIRECTOR, NEW DELHI-110 001.

UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001.

ORPHANAGE CONTROL BOARD
REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN,



Crl.MC.No. 7374 of 2018,

WP (C) .Nos.

12244 of 2014 &29113 of 2015

THIRUVANANTHAPURAM- 33

SOCIAL JUSTICE DEPARTMENT ;
REPRESENTED BY ITS DISTRICT OFFICER, KAKKANAD,
COCHIN-30.

COCHIN YATHEEM KHANA

AGED 63 YEARS

REPRESENTED BY ITS SECRETARY, H.E.AHMED TAHIR SAIT,
S/O.HAJI ESSA HAJI ABDUL SATHAR SAIT, ARANGATH
ROAD, PULLEPPADY, ERNAKULAM, KOCHI-682018.

KHADEEJA BAI TRUST

AGED 65 YEARS

REPRESENTED BY ITS MANAGING TRUSTEE, H.E.MUHAMMED
BABU SAIT, S/O.HAJI ESSA HAJI ABDUL SATHAR SAIT,
ARANGATH ROAD, PULLEPPADY, ERNAKULAM, KOCHI-682018.

COCHIN ORPHANAGE TRUST

AGED 63 YEARS

REPRESENTED BY ITS CHAIRMAN, H.E.MUHAMMED BABU
SAIT, S/O.HAJI ESSA HAJI ABDUL SATHAR SAIT,
ARANGATH ROAD, PULLEPPADY, ERNAKULAM, KOCHI-682018.

COCHIN YATHEEM KHANA TRUST

REPRESENTED BY ITS CHAIRMAN, H.E.MUHAMMED BABU
SAIT, S/O.HAJI ESSA HAJI ABDUL SATHAR SAIT,
ARANGATH ROAD, PULLEPPADY, ERNAKULAM, KOCHI-682018.

BY ADVS.

GOVERNMENT PLEADER
SMT.SINDHUMOL.T.P., CGC
SRI.P.A.MUJEEB
SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
SMT .SINDHUMOL.T.P. CGC
SRI.P.CHANDRASEKHARA PILLAI C.B.I.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.03.2019, ALONG WITH WP(C) .12244/2014, Crl1.MC.7374/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


Crl.MC.No. 7374 of 2018,
WP(C) .Nos. 12244 of 2014 £29113 of 2015

ALEXANDER THOMAS, J.

Crl.M.C. No.7374 of 2018, W.P.(C) Nos.12244 of 2014 & 29113 of 2015 Dated this the 11" day of March, 2019 ORDER IN CRL.MC NO.7374/2018 & JUDGMENT IN WP(QO)NOS.12244/2014 & WP(C).29113/2015 The prayers in Writ Petition (Civil) No.12244/2014 are as follows:

') issue a writ of Mandamus or any other appropriate writ, order or direction directing the 1" respondent to forward Ext.P4 before the concerned Educational Authority for appropriate action in accordance with the Kerala Education Act, 1958 and Chapter III Rule 7 of the Kerala Education Rules, 1959, after affording an opportunity of hearing on the petitioner, within a time frame;

ii) issue a writ of Mandamus or any other appropriate writ, order or direction directing the 3" respondent to consider Ext.P4 and dispose of the same taking note of Exts.P3 and P5 also, in accordance with law, within a time frame;

ili) issue a writ or Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 5 to place the 6 respondent under suspension from managership of the school.

And iu) issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The prayers in Writ Petition (Civil) No.29113/2015 are as follows:

"D) Issue a writ of mandamus or any other writ or order directing the respondents 1 and 3 to entrust the complaints contained in the Ext.PI and P2 memorandum for investigation by an outside agency like 2"

Crl.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 629113 of 2015 respondent.

ti) Issue any other order or direction as this Honorouble Court may deem fit in the nature and circumstances."

3. Heard Sri.P.A. Mujeeb, the learned counsel appearing for the petitioner in Crl.M.C. No.7374 of 2018, Sri. C.S. Abdul Sammad, the learned counsel appearing for the petitioners in W.P.(C) Nos.12244 of 2014 and 29113 of 2015 and the learned Public Prosecutor appearing for the prosecution in Crl.M.C. No.7374 of 2018 and Sri.P.A. Mujeeb, the learned counsel appearing for the contesting respondent/s in both the writ petitions.

4. Itis brought to the notice of this Court and pursuant to the directions issued by this Court, the parties were referred for mediation through the Mediation Centre attached to this Court and the mediation talk was successful. Ernakulam Mediation Centre has now submitted by its report dated 26.02.2019, stating that the mediation was also successful and also made available the mediated settlement agreement dated 22.02.2019 as agreed between the parties concerned. The Memorandum of the said compromise agreement between the parties reads as follows:

"In the Holy month of Holy Ramzan of last year, the parties herein, Petitioners in WP(C) No.12244/2014, WP(C) No.29113/2015, Crl.MC No.7374/2018 and Crl.MC No.7416/2018 of Hon'ble High Court and contesting Respondents in the above cases have agreed to compromise the said cases as per the terms and conditions, clauses 1 to 23, agreed as follows:-

Crl.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 &29113 of 2015 -:10:-

1. Petitioners and contesting Respondents in WP(C)No.12244/2014, WP(C) No.29113/2015. CrlMC No.7374/2018, Crl.MC No.7416/2018 of Hon'ble High Court are listed hereunder as serial No.1 to 24 (duplication of name of parties herein avoided).

2. The parties signed hereunder have agreed to constitute a committee consisting six members for enquiring the entire allegations and averments in WP(C)No.29113/2015 of Hon'ble High Court and other matters and issues in Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

3. Retired District Judge Sri. P.M. Abdul Sathar, Pallipattu House, Thuravur, Chethala, Alapuzha District and Sri.H.E.Mohammed Babu Sait and Sri.H.E.Ahmed Thahir Sait, Sri.T.M.Abdul Salam, 6", 9% and 16% signatories herein, Sri.Nassir Manayil, S/o Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva Pin-683511, Sri.Siddique T.U., S/o. late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane,. Kaloor, Kochi-682017 are hereby appointed as the Members of the said committee.

Rtd. District Judge Sri.P.M.Abdul Sathar will function as the Chairman of the said Committee.

4. The consent of the Chairman and the Members hereby appointed are annexed herewith.

5. The period of said Committee is fixed as twelve months and it can be extended, if necessary, with the consent of the 6,7,9 and 1, 12, 13" signatories of this compromise agreement.

6. The Committee shall take all its efforts for conducting a fair, independent and proper enquiry on the entire allegations and averments in WP(C) No.29113 of 2015 and WP(C) No.12244 of 2014 of Hon'ble High Court and other matters and issues in the school named herein.

7. The said Committee shall submit a copy of the enquiry report certified by the Chairman and all members to the parties signed hereunder or their counsels appearing on their behalf in WP(C) No.29113 of 2015 and WP(C) No.12244 of 2014 of Hon'ble High Court. 8. If the petitioners in WP(C) No.20113 of 2015 and petitioner and respondents 16 to 18 in WP(C) No.12244 of 2014 of Hon'ble High court have any objection on the enquiry report mentioned above, liberty is hereby given to them to file fresh or separate writ petitions or appropriate proceedings before the Hon'ble High Court or any other appropriate Court or authority on the same subject matter, cause of action and reliefs.

9. Parties herein have hereby agreed to withdraw all cases filed before this Hon'ble Court, Tribunals, other Authorities etc.. .

10. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 6" respondent in WP(C) No.12244 of 2014, run by Khadeeja Bai trust hereby agreed to drop Cr1.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 £29113 of 2015 -:11:- all disciplinary proceedings initiated against Ribin.K.A., petitioner in WP(C) No.12244 of 2014 and to withdraw the Memo of Charges and Statement of Allegations dated 31.12.2011 and also to withdraw all further proceedings therefrom including the order dated 2.4.2018 barring 3 increments with cumulative effect. The Manager has also hereby agreed to withdraw all cases filed against Sri.Ribin K.A. before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc.. .

11. Sri.Ribin K.A., petitioner in WP(C) No.12244 of 2014, has agreed to withdraw all cases filed, except arrears of salary, other increments and benefits and regularization of service etc. for the period he kept out of service, that is, from November 2011 onwards, against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

12. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School Veekshanam Road, Kochi-682018, 6" respondent in WP(C) No.12244 of 2014, run by Khadeeja Bai trust have agreed to drop all disciplinary proceedings initiated against Nizam K.B., 16" respondent in W.P. (C) No.12244 of 2014 and to withdraw the Memo of Charges and Statement Allegations dated 28.06.2012 and all further proceedings therefrom including the order dated 27.6.2014 barring increments. The Manager has also hereby agreed to withdraw all cases filed against Sri.Nizam K.B. Before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc...

13. Sri.Nizam K.B., 16" respondent in WP(C) No.12244 of 2014, has agreed to withdraw all cases filed against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

14. | The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 6" respondent in WP(C) No.12244 of 2014, run by Khadeeja Bai trust have agreed to drop all disciplinary proceedings initiated against Sadath T.U., 17" respondent in WP(C) No.12244 of 2014 and to withdraw the Memo of Charges and Statement allegations dated 12.06.2012 and Show Cause Notice No.M/o01/13 dated 21.05.2013 and all further proceedings therefrom. The Manager has also hereby agreed to withdraw all cases filed against Sri.Sadath T.U. before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc.. .

15. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 6" respondent in WP(C) No.12244 of 2014, run by Khadeeja Bai trust have agreed to drop all disciplinary proceedings initiated against Shareena Beevi A.R., 18% respondent in WP(C) No.12244 of 2914 and to withdraw the Memo of Charges and Statement Allegations dated 06.01.2014 and all further proceedings therefrom including Show Cause Memo date 02.07.2013. The Manager has also hereby agreed to withdraw all cases filed against Smt.Shareena Beevi A.R. before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc.. .

Crl.MC.No. 7374 of 2018, WP(C) .Nos. 12244 of 2014 629113 of 2015 -:12:-

16. Smt.Shareena Beevi, 18 respondent in WP(C) No.12244 of 2014, has agreed to withdraw all cases filed against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

17. The parties in Crl.M.C.No.7374/2018 and Crl.MC No.7416/2018 of Hon'ble High Court are hereby agreed to file and affidavit stating that the above matters are settled between the parties therein. 23"? signatory herein, Sri. M.B. Basheer also hereby agreed to file an affidavit in Crl.MC No. 1396/2019 of Hon'ble High Court filed by Nizam K.B., 12" signatory herein.

18. For the effective compliance of the terms and conditions of the compromise agreement, a special committee is hereby constituted headed by Sri.Riyas Ahmad Sait, 7" signatory herein, with Sri.T.M. Abdul Salam, 16"

signatory herein, Sri. Nassir Manayil, S/o. Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva, Pin-683511, Sri. Siddique T.U., S/o late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane, Kaloor, Kochi-682017, Sri. H.E.Mohammed Babu Sait and Sri.H.E.Ahmed Thahir Sait, 6" and 9 signatories herein, are its members. The Principals of Higher Secondary and Vocational Higher Secondary sections and the Headmaster of HighSchool section are special invitees to the said committee, but, not members. The necessity in formation of the said committee is mainly based on the some earlier issues which were seriously affected to petitioner and. respondents 16 to 18 in WP(C) No.12244 of 2014 of Hon'ble High Court. Since the Manager of the above School hereby agreed and assured that no proceedings would be initiated against the petitioner and respondents 16 to 18 in WP(C) No.12244 of 2014 of Hon'ble High Court the parties herein comes to an understanding that the said committee can also be functioned as a monitoring cum steering committee in the said school. If any disputes concerning to petitioner and respondents 16 to 18 in WP(C) No.12244 of 2014 of Hon'ble High Court arises those issues could be considered in all respects by the said committee and accordingly the same will have to be resolved permanently. The decision of the said committee is final and binding to all. However, further harassment in any manner towards the petitioner and respondents 16 to 18 in WP(C) No.12244 of 2014 either from staff or employees etc.. of the school named herein or the staff of respondents 6 to 9 in WP(C) No.29113 of 2015 will be restricted by the signatories herein concerned.

19. Three members each are hereby appointed from both sides to the committees constituted as per clause 2 and 18 of this compromise agreement. Accordingly, retired District Judge Sri.Abdul Sathar, Sri. H.E. Mohammed Babu Sait and Sri. H.E. Ahmed Thahir Sait are nominated and appointed by the signatories 6 to 11 and Sri. T.M. Abdul Salam, Sri.Nassir Manayil, Siddique T.U. are nominated and appointed by the signatories 1 and 12 to 13 herein as per clause 2 and Sri.Riyas Ahmad Sair, Sri.H.E.Mohammed Babu Sait and Sri.H.E. Ahmed Thahir Sait, 7", 6" and 9" signatories herein are nominated and appointed by the signatories 6 to 11 and Sri.t.M. Abdul Salam, 16" signatory herein, Sri.Nassir Manayil, S/o.Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva, Pin ~ 683511, Siddique T.U., S/o. Late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane, Kaloor, Kochi-682017 are nominated and appointed by the signatories 1 and 12 to 13 herein as per clause 18 herein. The persons hereby appointed as Cr1.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 &29113 of 2015 -:13:- members can be substituted by the respective signatories, who nominated and appointed the members, if they desirous to do so.

20. This compromise petition is being prepared for the welfare of all the institutions named herein run by/functioning under Trusts named herein and the petitioner and respondents 16 to 18 in WP(C) No.12244 of 2014 of Hon'ble High Court.

21. All the parties signed hereunder shall render their respective contribution of service for the effective compliance of this compromise.

22. If any doubts regarding any of the clauses of this compromise agreement, the clarification/decision of the signatories 6,7,9 and 1, 12, 13 of this agreement shall be final."

Sd/- Sd/- Sd/- Sd/-

1.Ribin K.A. 2. Manager, DUVHS&HSS 3. The Principal DUHSS 4. The principal, DUVHSS Sd/- Sd/- Sd/-

5. The Headmaster, DUHS 6. H.E. Mohammed Bavu Sait 7. Riyas Ahmed Sait Sd/- Sd/- Sd/- Sd/-

8.Nassar Latif 9. H.E.Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman N. Babu Sait Sd/- Sd/- Sd/- Sd/-

12. K.B.Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil Sd/- Sd/- Sd/-

16. T.M.Abdul Salam 17. Cochin Yatheem Khana 18. Khadeeja Bai Trust Rep. By its Secretary Rep by its Managing Trustee Sd/- Sd/- Sd/-

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. By its Chairman Rep.by its Chairman Sd/- Sd/- Sd/-

22. Shemi K.S. 23. M.B. Basheer 24. N.P.Thajudheen

5. It is pointed out by the learned Advocates on both sides that parties are now agreed to withdraw all the cases, including the one which is the subject matter of Crl.M.C.No.7374 of 2018 and to terminate all such proceedings etc. Taking note of the above said settlement arrived between the parties through the Ernakulam Mediation Centre, it is ordered in Crl.M.C.No.7374 of 2018 that the impugned Annexure-1 protest complaint in C.C. No.268 of 2014 on Cr1l.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 629113 of 2015 -:14:- the file of the Judicial First Class Magistrate Court, Ernakulam and all further proceedings taken in pursuance thereof as against all the accused persons concerned will stand quashed.

6. Further, it is ordered that the above said mediation agreement is recorded and it is for the parties to regulate in terms of the terms and conditions of that mediation agreement. For the sake of clarity, it is ordered that Registry will place a photocopy of the said mediation agreement as an Annexure to this judgment.

With these observations and directions, the above Crl.M.C. and the above Writ Petitions (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS JUDGE DST Cr1.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 &29113 of 2015 -:15:- APPENDIX OF Crl1.MC_ 7374/2018 PETITIONER'S/S EXHIBITS:

ANNEXURE Al COPY OF THE PROTEST COMPLAINANT IN C.C.NO.268/2014 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, ERNAKULAM.

ANNEXURE A2 COPY OF THE COMPROMISE PETITION IN W.O.S.NO.24 OF 2013 BEFORE THE HON'BLE WAKF TRIBUNAL ACT ERNAKULAM.

Cr1.MC.No. 7374 of 2018, WP(C).Nos. 12244 of 2014 &29113 of 2015

-~:16:-

APPENDIX OF WP(C) 12244/2014 PETITIONER'S/S EXHIBITS:

EXHIBIT Pil P1. THE TRUE COPY OF THE ORDER DATED 24-9- 2012 OF THE 3RD RESPONDENT.

EXHIBIT P2 P2. THE TRUE COPY OF THE ORDER NO. M1/11 DATED 7-11-12 OF REMOVAL FROM SERVICE ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P3 P3. THE TRUE COPY OF THE FIR NO. VC/6/2013 DATED 19-7-2013 OF VACB, ERNAKULAM.

EXHIBIT P4 P4,. THE TRUE COPY OF THE REPRESENTATION DATED 1-4-2014 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 P5. THE TRUE COPY OF THE ORDER DATED 21-2- 14 IN CMP NO. 249/2014 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR.

Crl.MC.No. 7374 of 2018, WP(C) .Nos. 12244 of 2014 &29113 of 2015 -:17:- APPENDIX OF WP(C) 29113/2015 PETITIONER'S/S EXHIBITS:

EXHIBIT Pl TRUE COPY OF THE PETITION DT 2-12-2014 SUBMITTED BEFORE HON'BLE PRIME MINISTER OF INDIA.

EXHIBIT P2 TRUE COPY OF THE PETITION DT 4-3-2015 SUBMITTED BEFORE HON'BLE HOME MINISTER OF KERALA WITHOUT DOCUMENTS .

EXHIBIT P3 TRUE COPY OF THE ACCOUNT STATEMENT IN FORM FC-6 SUBMITTED BEFORE GOVERNMENT OF INDIA EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.2897/2016 OF SRO, NORTH PARAVUR, ERNAKULAM.

EXHIBIT P4 (A) TRUE COPY OF THE SALE DEED NO.3052/2013 OR _ SRO, NORTH PARAVUR, ERNAKULAM EXHIBIT P4(B) TRUE COPY OF THE SALE DEED NO.4597/2013 OR SRO, NORTH PARAVUR, ERNAKULAM EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES IN O.P. NO.10445/1998 OF HIGH COURT OF KERALA EXHIBIT P5 (A) TRUE COPY OF THE RELEVANT PAGES IN O.P. NO.19002/1999 OF HIGH COURT OF KERALA RESPONDENTS' EXHIBITS ANNEXURE R3 (A) ORIGINAL OF THE LETTER SEND BY UNDER SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS DATED 16.10.2017 ANNEXURE R3 (B) TRUE COPY OF THE LETTER DATED 19.11.2016 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO COCHIN ORPHANAGE TRUST ANNEXURE R3(C) TRUE COPY OF THE LETTER DATED 22.12.2016 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO COCHIN ORPHANAGE TRUST ANNEXURE R3 (D) TRUE COPY OF THE LETTER DATED 18.01.2017 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO COCHIN ORPHANAGE TRUST Cr1.MC.No. WP (C).Nos.

ANNEXURE ANNEXURE ANNEXURE ANNEXURE ANNEXURE ANNEXURE ANNEXURE ANNEXURE 7374 of 2018, 12244 of 2014 &29113 of 2015 R3 (E) R3 (F) R3 (G) R3 (H) R3 (T) R3 (J) R3 (K) R3 (L) -:18:- TRUE COPY OF THE LETTER DATED 22.09.2017 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO COCHIN ORPHANAGE TRUST TRUE COPY OF THE LETTER DATED 16.12.2016 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO D.1.B NEW DELHI TRUE COPY OF THE LETTER DATED 18.01.2017 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO D.I.B NEW DELHI TRUE COPY OF THE LETTER DATED 22.09.2017 ISSUED BY UNDER SECRETARY GOVERNMENT OF INDIA TO D.I.B NEW DELHI TRUE COPY OF THE LETTER DATED 19.11.2016 ISSUED BY THE UNDER SECRETARY GOVERNMENT INDIA TO HOME SECRETARY TRUE COPY OF THE LETTER DATED 22.12.2016 ISSUED BY THE UNDER SECRETARY GOVERNMENT INDIA TO HOME SECRETARY, GOVT OF KERALA, THIRUVANANTHAPURAM TRUE COPY OF THE LETTER DATED 18.01.2017 ISSUED BY THE UNDER SECRETARY GOVERNMENT INDIA TO HOME SECRETARY, GOVT OF KERALA, THIRUVANANTHAPURAM TRUE COPY OF THE LETTER DATED 22.09.2017 ISSUED BY THE UNDER SECRETARY GOVERNMENT INDIA TO HOME SECRETARY, GOVT OF KERALA, THIRUVANANTHAPURAM OF OF OF OF ERNAKULAM MEDIATION CENTRE (HIGH.COURT HALL) (2nd floor, above SBI, High Court Building, Ernakulam, Kochi-31.(Ph:04842562238) / Reg. Noun Ag lg / Dated: D_¢ 2_// F From The Nodal Officer, Ernakulam Mediation Centre (H.C.), Ernakulam, \ To The Registrar (Judiciat, , High Court of Kerala, ' Ernakulam.

Sir, Sub:- Mediation of referred cases -- Reg, vy, lor J. LIC Ref Referral Order in es GUNES)... 22k fly , 32 Vly Wi; dated..... D2 2 hF...Of the Hon'ble High Court of Kerala. REE ' The report of the Mediator in the Maiter along with the enclosures is furnished herewith for information

--_ and necessary action, G , Yours faithfully ? -

; | Nodal ofc, GS og Ernakulam Mediation Centre

1. Report of the Mediator, Settlement Agreement.

2. Copy of referral order dated apg Le.

of the High Court of Kerala.

3. Copy of Petition.

BEFORE THE HON' BLE HIGH COURT OF KERALA W. P.(C). No.12244/2014 EE -

Ribin K.A Petitioner . Vs. The State of Kerala & others. Respondents W.P.(C). No.29113/2015 [_ 'Kerala Wakf Samrakshana Vedhi & another:

Petitioner oe Vs. | The. State of Kerala & others Respondents CrI.M.C No.7374/2018 & Cri.M.C No, 7416/2018 # E.Muhammed Sabu Sait and others Petitioners Vs. . Shareena beevi and another Respondents REPORT SUBMITTED BY THE MEDIATOR ADV. SALLY THOMAS CHACKO . Mediated, matter settled.

Terms and conditions are attached herewith, Dated this the' 26/day of February, 2019.

Adv. Sally Thomds Chacko Mediator High Court Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WP (C) No. 12244 of 2014 Ribin K.A. : Petitioner Vs. State of Kerala & Others: Respondents Mediated Settlement Agreement (Under Section 89 of the Code of Civil Procedure read with Rule 23 of the Civil Procedure (ADR) Rules,2008 The parties have agreed to settle the issue amicably on the following terms and c ditions atlached herewith. Pe mi CrTAR Meet Be OU S SAIT NA ee RS we ! DARUL Use 903 mM VHLD. BH. SCHOOL LF "vy Ny

3. The Principal QUHSS 4. The Principal, DUVHSS x NEFFisa, p ie UL UL Sai DAR

5. Th LE 6. HE. eth 7. Riyas fee Sait .

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12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil ale » Ebeosgses io CHE SAIT ANG THATER SA!

16. T.M. Abdul Salam 17, Cochin YautanKRina 18, . Khadeeja tay Sh B A TRURE SocRee ByiStSISeorstaT PST (Regt) Rep bygitegika OAD ARANGATH ROAD KOCHI-C82 648 COCHIN - 682018 He. Seah SE manape tse "10, cxf in a ae :21. Hafsa Bai By +h) tah Au coment OY Cian aga) - a BRUNI - 682 012 AnAS GAT H ROA, KOCH 432013 ot SE we :

oa. Kes & op . oS. 23. M.B. AS 4, N.P. Thajudheen. WT. Z, upaal ; é a : . . Dated this the 22" day of ebriaty, "2019 m" ia S Cotun sep ve il bats a) Pp. » M4 y 5 RUb-1& Berby (22 WEY 1 QA Ih PAV 113/15 Fw Rb ts 15 'ore IY lie + ¢ tosh Rp ws Oh ON FR wis aaialic nee'.

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WP (C) No. 12244 of 2014 Ribin K.A. : Petitioner Vs. State of Kerala & Others : Respondents I. PETITIONER IN WP (C) NO. 12244 OF 2014:

Ribin K.A., S/o. K.K. Abdul Rahiman, Physical Education Teacher Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, Vs. | .

RESPONDENTS 6 -18 IN WP (C) NO. 12244 OF 2014:

1. The State of Kerala, Rep. by its Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram-695001.

Be ho Ky a

1.RibinK.A. 2, Manager, DUW HS& HSS -- 3. The Principal DUHSS 4. The Principal, DUVHSS AE ire! Lait] /

5. The Headmaster, DUHS 6. H.E. Mohammed Babu Sait 7. (Riyas Ahmed Sait Aryrcib \.;

-Nassar Latif 9.H. Be med Ape feo Sait 10. Vaseem A. Sait 11. fh Sait Gust

12. K.B. Nizam 13. Sadath T.U. 14. Shareéna Beevi A.R. 15. cea Wakf Samrakshana Vedhi . Rep by its Secretary Nassir Manayil LEP Arras YP2- hr

16. T.M. Abdul Salam 17. Cochin Yatheem Khana _':18, Khadeeja Bai Trust Rep. by its Secretary Rep by its Managing Trustee 19, Cochin Orphanage Trust

20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22.Shemt K.S. 23. M.B.Basheer 24.N.P. Thajudheen .

See

8. The Principal, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Kochi-682018.

9. The Headmaster, Darul Uloom High School, Veekshanam Road, Kochi-682018.

10. H.E. Mohammed Babu Sait, Managing Trustee, S/o. Haji Eassa Haji Abdul Sathar Sait, aged 61 years, Khadeeja Bai Trust Arangath Road, Pullepady, Kochi -- 682 018,

11. Riyas Ahmed Sait, Trustee, S/o Late Ahmed Usman Sait, aged about 61 years, Khadeeja Bai Trust, Arangath Road, Pullepady, Kochi -- 682 018

12. Nassar Latif, Trustee, S/o Latif, aged about 55 years, Khadeeja Bai Trust Arangath Road, Pullepady,Kochi -- 682 018, DB [Wr We GEL whe

1. Ribin K.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS

5. The Headmaster, DUHS 6. H.E. Moham' ab i iyas Ahmed Sait Ayer Wo wo atif 9.H.E> Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait py tio be paNrevaes

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil nap yD : | ois Ayman thea -- [Wrn| ho

16. T.M. Abdul Salam 18. Khadeeja Bai Yrust

17. Cochin Yatheem Khana Rep. by its Secretary Rep by its Managing Trustee ! ay

19. Cochin hanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. Sherfii K.S. 23. M.B. Basheer 24,N.P. Thajudheen .

13. HE. Ahmed Thahir Sait, Trustee, aged 61 years, S/o Haji Ishack Sait, Arangath Road, Khadeeja Bai Trust, Pullepady, Kochi -- 682 018 14, Vaseem A. Sait, Trustee, Abdul Azeez Sait, aged 47 years, Khadeeja Bai Trust Arangath Road, Pullepady,Kochi -- 682 01 8,

15. Salman M. Babu Sait, Trustee, S/o. Babu Sait, aged 35 years, Khadeeja Bai Trust Arangath Road, Pullepady,Kochi -- 682 018,

16. K.B. Nizam, Higher Secondary School Teacher (Arabic), Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

17. Sadath T.U., S/o. late T.K. Ummer, Lower Grade Hindi Teacher, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

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1. Ribin K.A. 2. Manager, D a HSS 3. The Principal DUHSS 4. The Principal, DUVHSS es Wired AOU

5. The Headmaster, DUHS 6. H.E. Moham so ait 7. Riyas Ahmed Sait Ehovasnlio- \o uu ssar Latif 9.H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil ae ; b VAR -- Mg lee| | aa

16. T.M. Abdul Salam 17. Cochin Yatheem Khana 18. Khadeeja Ba? Trust Rep. by its Secretary Rep by its Managing Trustee hh Lorrns oe Alp

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. XK 23. uO Seer 24. N.P. ranadee

18. Shareena Beevi A.R., UPSA, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

Il. PETITIONERS IN WP (C) NO. 29113 OF 2015:

1, Kerala Wakf Samrakshana Vedhi (Regd.) Door No. 62/62, Lissie Hospital Road, Kochi-682 018 Represented by its Secretary, Sri. Nassir Manayil.

2. T.M. Abdul Salam, S/o Muhammed President, Kerala Wakf Samrakshana Vedhi (Regd.) Door No. 62/62, Lissie Hospital Road, Kochi-682 018 Vs. RESPONDENTS IN WP (C) NO. 29113 OF 2015:

1, State of Kerala -- represented by Secretary to Government, Home Department, Government Secretariat, Trivandrum-1.

1. Ribin K.A. 2. Manager, S& -- 3. The Principal DUHSS 4. The Principal, DUVHSS

5. The Headmaster, DUHS 6. HE. emi iyas Ahmed Sait Sar Latif 9. HE. Ah Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait nn a Nose

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil Alinen ps 2-- NK

16. T.M. Abdul Salam 17. Cochin Yatheem Khana 18. Khadeejg Bai Trust Rep. by its Secretary Rep by its Managing Trustee

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. ween 23. vO Kober 24.N.P. Thajudheen .

2. Central Bureau of Investigation -- represented by its Director, New Delhi.

3. Union of India -- represented by Secretary to Government of India, Ministry of Home Affairs, New Delhi.

4. Orphanage Control Board Represented by its Secretary, Vikas Bhavan, Thiruvananthapuram-33

5. Social Justice Department Reprented by its District Officer, Kakkanad

6. | Cochin Yatheem Khana Represented by its Secretary, HE. Ahmed Tahir Sait aged 63 years S/o Haji Ishack Sait Arangath Road, Pulleppady, Ernakulam, Kochi-682 018.

7. Khadeeja Bai Trust, Represented by its Managing Trustee H.E, Muhammed Babu Sait, aged 69 years S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Ermakulam, Kochi-682 018.

Po Sy wh Ribin K.A. 2. Manager DUV -- 3. The Principal DUHSS 4. The Principal, DUVHSS

5. The Headmaster, DUHS 6. wal et oon 7, Riyas font Sait Bln eo aA | ar Latif 9. HE. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait ; oT Pia) b

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16.T.M. Abdul Salam 17. Cochin Yatheem Khana 18; Khadeeja Baf Trust Rep. by its Secretary Rep by its Managing Trustee Mr ncatcemecne nal

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman oe i ae

22. ShémiK.S. 23. MB. Basheer 24. N.P'Fhajudheen .

8. Cochin Orphanage Trust Represented by its Chairman, H.E. Muhammed Babu Sait aged 63 years, S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Ernakulam, Kochi-682 018.

9. Cochin Yatheem Khana Trust Represented by its Chairman, H.E. Muhammed Babu Sait aged 63 years S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Emakulam, Kochi-682 018.

Ill. Petitioners/Accused in Crl. MC No. 7374 of 2018/CC No. 268 /2014 on the file of Judicial First Class Magistrate Court-I, Ernakulam

1. HE. Muhammed Babu Sait, S/o Haji Eassa Haji Abdul Sathar Sait, Aged 69 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35.

2. Hafsa Bai, W/o H.E. Muhammed Babu Sait, Aged 56 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35.

3. Shemi K.S, W/o Navas K.S, 29 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35.

4. MB. Basheer, 57 years, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Ernakulam, Kochi-35.

[Yoel __ BY/ w-

1.Ribin K.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS ' ia i Luo _~

5. The Headmaster, DUHS 6, H.E. Mohammed Babu Sait 7. Riyas Ahmed Sai Pos es atif 9. HE. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait a a an Nae

12. K.B. Nizam 13. Sadath TU. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil se Flynn Weo--

16. T.M. Abdul Salam 17. Cochin Yatheem Khana 18. Khadeeja Bai Trust Rep. by its Secretary Rep by its Managing Trustee kh -- sD he Faery 02 jp

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. on 23. M.B. Basheer 24.N.P. Thajudheen .

Respondents/De facto complainant in Crl. MC No. 7374 of 2018/CC No. 268/2014 on the file of Judicial First Class Magistrate Court-II, Ernakulam:

1, Shareena Beevi, W/o Nisam K.B, Aged 29 years, House No. 13/966, Karuvelippady, Thoppumpady P.O, Ernakulam, Kochi-35.

2. State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam, PIN- 682 031.

Vs. IV. Petitioners/Accused in Crl. MC No. 7416 of 2018/CC No. 173 /2014 on the file of Chief Judicial Magistrate Court, Ernakulam

1. LE, Muhammed Babu Sait, S/o Haji Eassa Haji Abdul Sathar Sait, Aged 69 years, XLI/1212, Krishnaswamy Road, Ermakulam, Kochi-35.

2. N.P. Thajudhenn, aged 53 years, S/o N.K. Pareekuti Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Ernakulam, Kochi-35 Residing at Uzhinjeril House, Kuthappady, Thammanam P.O., Emakulam.

ms se =i UV HS& HSS = 3. The Principal DUHSS 4. The Principal, DUVHSS

5. The Headmaster, DUHS 6. H.E. Mohammed Babu Sait 7. iyas Ahmed Sait Chena We2-- \., . H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait ii Gx

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17. Cochin Yatheem Khana _18, Khadeeja Bai Prust Rep. by its Secretary Rep by its Managing Trustee

19. Cochin Orphanage Trust Cochin Ya Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman See by its Chairman

22. a 23. M.B.Basheer 24. NP Tha feen .

3. M.B. Basheer, 57 years, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Ermakulam, Kochi-35.

Respondents/De facto complainant in Crl. MC No. 7416 of 2018 of High Court of Kerala/CC No.173/2014 on the of file Chief Judicial Magistrate Court, Ernakulam:

1. Shareena Beevi, W/o Nisam K.B, Aged 29 years, House No. 13/966, Karuvelippady, Thoppumpady P.O, Ernakulam, Kochi-35.

2. State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam, PIN- 682 031.

MEMORANDUM OF COMPROMISE AGREEMENT EXECUTED ; BETWEEN THE PARTIES SIGNED HEREUNDER | _ In the Holy month of Holy Ramzan of last year, the parties herein, Petitioners in WP( C) No. 12244/2014, WP( C) No. 29113/2015, Crl. MC No. 7374/2018 and Crl. MC No. 7416/2018 of Hon'ble High Court and contesting Respondents in the above cases have agreed to compromise the said cases as per the terms and conditions, clauses 1 to 23, agreed as follows:-

[Oecd HS& HSS 3. The Princip

1. RibinK.A. 2. Mi al DUHSS 4. The Principal, DUVHSS > a ho ae oul

5. The eadmaster, DUHS 6. H.E. Mohathmed Babu Sait 7. Riyas Ahmed Sait Cdyn eg eA [er Sait assar Latif 9.H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salm

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17. cout Khana 18. me Trust Rep. by its Secretary Rep by its Managing Trustee Medh-- ---- Aymars e----ap>

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman Z ; Bz oy ALS * \

22. Shemi K.S. 23. M.B. Basheer 24,N.P/Thajudheen .

1. Petitioners and contesting Respondents in WP(C) No. 12244/2014, WP(C) No. 29113/2015, Crl. MC No. 7374/2018, Crl. MC No. 7416/2018 of Hon'ble High Court are listed hereunder as serial No. 1 to 24 (duplication of name of parties herein avoided).

2. The parties signed hereunder have agreed to constitute a committee consisting six members for enquiring the entire allegations and averments in WP (C) No. 29113 of 2015 of Hon'ble High Court and other matters and issues in Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

3. Retired District Judge Sri. P.M. Abdul Sathar, Pallipattu House, Thuravur, Chethala, Alapuzha District and Sri. H.E. Mohammed Babu Sait and Sri. HE. Ahmed Thahir Sait, Sri. T.M. Abdul Salam, 6", 9" and 16" signatories herein, Sri. Nassir Manayil, S/o Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva, Pin -- 683511, Sri. Siddique T.U., S/o late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane, Kaloor, Kochi-682017 are hereby appointed as the Members of the said Committee. Rtd. District Judge Sri. P.M. Abdul Sathar will function as the Chairman of the said Committee.

> s ho Se we

1. Ribin K.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS {cult --

> an 6. LE. oe Babu Sait 7. Riyas Ahmed Sait sar Latif. 9. » Frevet Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait oe ee N88)

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17. Ee Yatheem Khana _--18. Khadeeja Baf/ Trust Rep. by its Secretary Rep by its Managing Trustee [Mth _-- | Parmarsieo--- yee

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman AF oY er .

22.ShemiK.S. 23, M.B.Basheer 24. N.P. Thajudheen . ( 1]

4. The consent of the Chairman and the Members hereby appointed are annexed herewith. .

5. The period of said Committee is fixed as twelve months and it can be extended, if necessary, with the consent of the 6,7,9 and 1, 12, 13" signatories of this compromise agreement.

6. The Committee shall take all its efforts for conducting a fair, independent and proper enquiry on the entire allegations and averments in WP (C) No. 29113 of 2015 and WP (C) No. 12244 of 2014 of Hon'ble High Court and other matters and issues in the school named herein.

a Mer fh Wy »

1. RibinK.A. 2. M 3. The Principal DUHSS 4. The Principal, DUVHSS an [its fh dou 7

5. The Headmaster, DUHS 6. H.E. Mohamared BabwSait 7. Riyas Ahmed Sait atif 9. HLE. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait oe

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17. Cochin' Yatheem Khana Rep. by its Secretary Rep by its Managing Trustee C oy

19. Cochin nage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. ee, 23. M.B. BaSheer 24, N.P. hehe 12

8. If the petitioners in WP (C) No. 29113 of 2015 and petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 of Hon'ble High Court have any objection on the enquiry report mentioned above, liberty is hereby given to them to file fresh or separate writ petitions or appropriate proceedings before the Hon'ble High Court or any other appropriate Court or Authority on the same subject matter, cause of action and reliefs.

9. Parties herein have hereby agreed to withdraw all cases filed before this Hon'ble Court, Tribunals, other Authorities etc...

10. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 6" respondent in WP (C) No. 12244 of 2014, run by Khadeeja Bai trust hereby agreed to drop all disciplinary proceedings initiated against Ribin K.A, petitioner in WP (C) No. 12244 of 2014 and to withdraw the Memo of Charges and Statement of Allegations dated 31.12.2011 and also to withdraw all further proceedings therefrom including the order dated 2.4.2018 barring 3 increments with a Cr. or ¥

1. Ribin K.A, 2. Manager, Aes The Principal DUHSS 4. The Principal, DUVHSS BE kk brand

5. Th eadmaster, DUHS 6. H.E. Moham abu Sait_7; Riyas Ahmed Sait Alyn eo wa x assar Latif 9.H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait 12, K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

18. ef

16. T.M. Abdul Salam 17. Cochin Yatheem Khana Rep. by its Secretary Rep by its Managing Trustee h -- -- Ame nchea-- pee

19. Cochin anage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman | oe AS 22, Shei K.S. 23. MB.Basheer 24.NP ajudheen, 13 cumulative effect. The Manager has also hereby agreed to withdraw all cases filed against Sri. Ribin K.A. before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc. .

11. Sri. Ribin K.A., petitioner in WP (C) No. 12244 of 2014, has agreed to withdraw all cases filed, except arrears of salary, other increments and benefits and regularization of service etc. for the period he kept out of service, that is, from November 2011 onwards, against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

12. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School Veekshanam Road, Kochi-682018, 6" respondent in WP (C) No. 12244 of 2014, run by Khadeeja Bai trust have agreed to drop all disciplinary proceedings initiated against Nizam K.B, 16" respondent in WP (C) No. 12244 of 2014 and to withdraw the Memo of Charges and Statement Allegations dated 28.06.2012 and all further proceedings therefrom including the order dated 27.6.2014 barring increments. The Manager has also hereby agreed to withdraw all cases filed against Sri. Nizam K.B before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc...

-- GY. wy

1. RibinK.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS Aa A Luaytel~

5. Headmaster, DUHS 6. H.E. Mohammed Babu Sait 7. Riyas Ahmed Sait We Pmuriies- iy ne "Nassar Latif 9. H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil "ochi 18. Khadeeja Bai oe

16. T.M. Abdul Salam 17. Cochin Yatheem Khana Rep. by its Secretary Rep by its Managing Trustee 19, Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. a 23. M.B.Basheer 24. NP. Tiigjudheen .

13. Sri. Nizam K.B, 16" respondent in WP (C) No. 12244 of 2014, has agreed to withdraw all cases filed against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

14. The Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 6" respondent in WP (C) No. 12244 of 2014, run by Khadeeja Bai trust have agreed to drop all disciplinary proceedings initiated against Sadath T.U., 17" respondent in WP (C) No. 12244 of 2014 and to withdraw the Memo of Charges and Statement Allegations dated 12.06.2012 and Show Cause Notice No. M/01/13 dated 21.05.2013 and all further proceedings therefrom. The Manager has also hereby agreed to withdraw all cases filed against Sri. Sadath T.U. before the Educational Authorities, Government of © Kerala and Hon'ble High Court of Kerala etc.. .

1.Ribin K.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS KE DUHS 6.H.E. Mohammed Babu Sait 7. Riyas Ahmed Sait Aromap Veo ~

-Nassar Latif 9. H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait RE gyi or eB

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17.Cochin Yatheem Khana 18. Khadeeja BaiTrust Rep. _ its Secretary Rep by its Managing Trustee

19. (na) H Trust 20. Arras Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman Le, wot

22. Shen K.S. 23. Aveo cu 24, N.P. Thajudheen.

proceedings initiated against Shareena Beevi A.R., 18" respondent in WP (C) No. 12244 of 2014 and to withdraw the Memo of Charges and Statement Allegations dated 06.01.2014 and all further proceedings therefrom including Show Cause Memo date 02.07.2013. The Manager has also hereby agreed to withdraw all cases filed against Smt. Shareena Beevi A.R. before the Educational Authorities, Government of Kerala and Hon'ble High Court of Kerala etc...

16. Smt. Shareena Beevi, 18" respondent in WP (C) No. 12244 of 2014, has agreed to withdraw all cases filed against the Manager of Darul Uloom Vocational Higher Secondary and Higher Secondary School.

17. The parties in Crl. M.C. No. 7374/2018 and Crl. MC No. 7416/2018 of Hon'ble High Court are hereby agreed to file an affidavit stating that the above matters are settled between the parties therein. 23™ signatory herein, Sri. MB. Basheer also hereby agreed to file an affidavit in Crl MC No. 1396/2019 of Hon'ble High Court filed by Nisam K.B., 12" signatory herein.

1. RibinK.A. 2. Manager, DUVHS& HSS --3. The Principal DUHSS 4. The Principal, DUVHSS

5. The Headmaster, DUHS 6. H.E. Mohanrmed Babu Sait 7. Riyas Ahmed Sait Ayo» Woo UA "Wassar Latif 9.H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait .

Pia pclt br Naseer

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Mana¥il i Alyrose ee 18. laser A

22. Sherfii K.S. 23. M.B. Basheer 24,N.P. Thajudheen .

18. For the effective compliance of the terms and conditions of this compromise agreement, a special committee is hereby constituted headed by Sri. Riyas Ahmad Sait, 7" signatory herein, with Sri. T.M. Abdul Salam, 16° signatory herein, Sri. Nassir Manayil, S/o Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva, Pin -- 683511, Sri. Siddique T.U., S/o late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane, Kaloor, Kochi- 682017, Sri. HE. Mohammed Babu Sait and Sri. HE. Ahmed Thahir Sait, 6" and 9" signatories herein, are its members. The Principals of Higher Secondary and Vocational Higher Secondary sections and the Headmaster of High School section are special invitees to the said committee, but, not members. The necessity in formation of the said committee is mainly based on the some earlier issues which were seriously affected to petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 of Hon'ble High Court. Since the Manager of the above School hereby agreed and assured that no proceedings would be initiated against the petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 of Hon'ble High Court the parties herein comes to an understanding that the said committee can also be functioned as a monitoring cum steering committee in the said school.

i. /1rIm| K oy we

1. Ribin K.A. 2. Manager, DUWHS& HSS 3. The Principal DUHSS 4. The Principal, DUVHSS ae [Vb Lott

5.Th&Headmaster, DUHS 6. H.E. Mohamméd Babu Sait 7. Riyas Ahmed Sait Yo aA ssar Latif. 9. H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait a WO" 6: J ah gy Q a =

12. K.B. Nizam 13. sent. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil Bryrorshe2-- os

16. T.M. Abdul Salam 17. Cochin Yatheem Khana _ 18. Khadeeja'Bai Trust Rep. by its Secretary Rep by its Managing Trustee K Arrmup Ae--

19. Cochin Orphanage Trust 20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. tr 23. M.B. Basheer 24. N.P. Thajudheen .

If any disputes concerning to petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 of Hon'ble High Court arises those issues could be considered in all respects by the said committee and accordingly the same will have to be resolved permanently. The decision of the said committee is final and binding to all. However, further harassment in any manner towards the petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 either from staff or employees etc.. of the school named herein or the staff of respondents 6 to 9 in WP (C) No. 29113 of 2015 will be restricted by the signatories herein concerned.

19, Three members each are hereby appointed from both sides to the committees constituted as per clause 2 and 18 of this compromise agreement. Accordingly, retired District Judge Sri. Abdul Sathar, Sri. HE. Mohammed Babu Sait and Sri. HE. Ahmed Thahir Sait are nominated and appointed by the signatories 6 to 11 and Sri. T.M. Abdul Salam, Sri. Nassir Manayil, Siddique T.U. are nominated and appointed by the signatories 1 and 12 to 13 herein as per clause 2 and Sri. Riyas Ahmad Sait, Sri. H.E. Mohammed Baby Sait and Sri. ELE. Ahmed Thahir Sait, 7", 6 and 9% signatories herein are nominated and appointed ON Lord Oe ae

1. Ribin K.A. 2. Manager, DUV HS& HSS 3. The Principal DUHSS 4, The Principal, DUVHSS EE... DUHS 6. H.E. Mohammed BabwSait~7. Riyas Ahmed Sait Ayan Veo \ 2 a ssar Latif 9. H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait a ee

- 7

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil AmsWe-- Vi

16. T.M. Abdul Salam 17. Cochin Yatheem Khana 18. Khadeeja Bar Trust A Rep. by its Secretary Rep by its Managing Trustee

19. ol Mest

20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman

22. ShemiK.S. 23. M.B. Basheer 24. NP. Thajudheen .

by the signatories 6 to 1land Sri. T.M. Abdul Salam, 16" signatory herein, Sri. Nassir Manayil, S/o Abdullah, aged 42 years, Manayil House, West Veliyathunad, Aluva, Pin -- 683511, Siddique T.U., S/o late T.N. Ummer, aged 51 years, Kariakkat House, Chakkamadom Lane, Kaloor, Kochi-682017are nominated and appointed by the signatories 1 and 12 to 13 herein as per clause 18 herein. The persons hereby appointed as members can be substituted by the respective signatories, who nominated and appointed the members, if they desirous to do so.

20. This compromise petition is being prepared for the welfare of all the institutions named herein run by/ functioning under Trusts named herein and the petitioner and respondents 16 to 18 in WP (C) No. 12244 of 2014 of Hon'ble High Court.

21. All the parties signed hereunder shall render their respective contribution of service for the effective compliance of this compromise.

22. If any doubts regarding any of the clauses of this compromise agreement, the clarification/decision of the signatories 6,7,9 and 1, 12, 13 of this agreement shall be final.) }

1. Ribin KA, 2. Manager, DUV HS& 3. The Principal DUHSS 4. The Principal, DUVHSS K--

5. The Headmaster, DUHS 6. H.E. Mohamfned Babu Sait 7. Riyas Ahmed Sait "Nassar Katif 9. H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait LR

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil

16. T.M. Abdul Salam 17. Cochin Yatheem Khana adeeja B4i Trust Rep. by its Secretary Rep by its Managing Trustee Z

19. Cochin Orphapdége Trust

20. Cochin Yatheem Khana Trust 21. Hafsa Bai Rep. by its Chairman Rep. by its Chairman wx AUS Sal

22. Shemi KS. 23. M.B. Basheer 24.N.P. Thajudheen .

23. 19 The parties signed hereunder have read and understood the entire contents of this agreement. The entire contents of this compromise agreement are also read over to all the parties who are signed hereunder in Malayalam language by their respective counsels.

Petitioner in WP(C) No. 12244/2014

1. Ribin K.A., Physical Education Teacher, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018 Respondents 6 -- 15 in WP(C) No. 12244/2014 & Petitioner in Cr. MC 7374/2018 _& Crl. MC 77416/2018(6" signatory) & R:

7374/2018 & Cri. MC 77416/2018 (14" signatory) COCHIN

2. 3\ 682 G78 f Manager, WAKO J Darul Uloom Vocational Higher Secondary and Higher Secondary School, Ernakulam-682018.

The Principal, Darul Uloom Higher Secondary School, Veekshanam Road, Kochi-682018.

The Principal, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Kochi-682018.

The Headmaster, Darul Uloom High School, Veekshanam Ro Kochi-682018.

H.E. Mohammed Babu Sait, Managing Trustee, . Sait S/o. Haji Eassa Haji Abdul Sathar Sait, aged 61 Yeats, Khadeeja Bai Trust Arangath Road, Pullepady, Kochi -- 682 018.

Riyas Ahmed Sait, Trustee, _ S/o Late Ahmed Usman Sait, aged about 61 years, date Khadeeja Bai Trust, Arangath Road, Pullepady, Kochi -- 682 018.

Nassar Latif, Trustee, S/o Latif, aged about 55 years, Khadeeja Bai Trust Arangath Road, Pullepady,Kochi -- 682 018. X Swe H.E. Ahmed Thahir Sait, Trustee, "Ath Mo aged 61 years, Arangath Road, Khadeeja Bai Trust Pullepady, Kochi -- 682 018.

10.

11.

12.

13.

14. 20 Vaseem A. Sait, Trustee, Abdul Azeez Sait, aged 47 years, Khadeeja Bai Trust \ oa Arangath Road, Pullepady,Kochi -- 682 018.

Salman M. Babu Sait, Trustee, S/o. Babu Sait, aged 35 years, Khadeeja Bai Trust Arangath Road, Pullepady,Kochi -- 682 018.

K.B. Nizam, Higher Secondary School Teacher (Arabic), EO Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

Sadath T.U., S/o. late T.K. Ummer, Lower Grade Hindi Teacher, ay Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018.

Shareena Beevi A.R., UPSA, Darul Uloom Vocational Higher Secondary and a Higher Secondary School, Veekshanam Road, Kochi-682018.

Petitioners in WP(C) No. 29113/2015 ca

15.

16. Kerala Wakf Samrakshana Vedhi (Regd.) pes = Represented by its Secretary, Nassir Manayil.

T.M. Abdul Salam, Ae President, Kerala Wakf Samrakshana Vedhi (Regd.) Respondents in WP(C) No. 29113/2015

17.

18.

19. Cochin Yatheem Khana, Zrross Aco HE Represented by its Secretary AMED THAHIR SAIT ELE. Ahmed Tahir Sait, S/o Haji Ishack Sait, papyiy ra eae ont Arangath Road, Pulleppady, Ernakulam, Kochi-6820ib8z4 roan KOCHLSED Es Khadeeja Bai Trust HE = MOHAMED Represented by its Managing Trustee H.E. Muhammed Babu Sait, aged 65 years 66/103 RUS S/o Haji Essa Haji Abdul Sathar Sait COCHAT- 682018 Arangath Road, Pulleppady, Ernakulam, Kochi-682 018.

Cochin Orphanage Trust Represented by its Chairman, jy} H.E. Muhammed Babu Sait, aged 63 years S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Ernakulam, Kochi-682 018.

Wore

20. 21 Cochin Yatheem Khana Trust -" ac) Represented by its Chairman, coon YanVZHANA TRUST (REGO) H.E. Muhammed Babu Sait, aged 63 years ARA S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Ermakulam, Kochi-682 018.

Vi SOAD, KOCHI - 682018 ¢ Petitioners in Cr. MC 7374/2018 & Crl. MC T7416/2018 (23&24" signatories)

21.

22.

23.

24. Hafsa Bai, W/o H.E. Muhammed Babu Sait, Aged 56 years, pe XLI/1212, Krishnaswamy Road, Emakulam, Kochi-35.

Shemi, W/o Navas K.S, 29 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35. oa.

M.B. Basheer, 57 years, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Ermakulam, Kochi-35.

N.P. Thajudhenn, aged 53 years, S/o N.K. Pareekuti Darul Uloom Vocational Higher Secondary School, wr Veekshanam Road, Ernakulam, Kochi-35 \ Residing at Uzhinjeril House, Kuthappady, -

Thammanam P.O., Ernakulam.

Dated this the 22"™ day of February, 2019 ee | (Se T.U. Ziyad P.A. ed T.M. Nezla Counsel for Petitioner in Respondents 6-15 in Respondents 16-18 in WP( C) 12244/2014 & WP(C) 12244/2014& WP( C) 12244/2014 WP( C) 29113/2015 Respondents 6 ~9 in & WP( C) 29113/2015 & 1* Respondent in Petitioners in Crl. MC Cri. MC 7374/18 & T3748 & 7416/18 Cri MC 7416/18 VERIFICATION We, the parties above named, 1) RibinK.A., Physical Education Teacher, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 2) Manager, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Ermakulam- 682018, 3) The Principal, Darul Uloom Higher Secondary School, 22 Veekshanam Road, Kochi-682018, 4) The Principal, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Kochi-682018, 5) The Headmaster, Darul Uloom High School, Veekshanam Road, Kochi- 682018, 6) HE. Mohammed Babu Sait, Managing Trustee, S/o. Haji Eassa | Haji Abdul Sathar Sait, aged 61 years, Khadeeja Bai Trust Arangath Road, Pullepady, Kochi-- 682 018,7) Riyas Ahmed Sait, Trustee, S/o Late Ahmed Usman Sait, aged about 61 years, Khadeeja Bai Trust, Arangath Road, Pullepady, Kochi -- 682 018, 8) Nassar Latif, Trustee, S/o Latif, aged about 55 years, Khadeeja Bai Trust, Arangath Road, Pullepady,Kochi -- 682 018, 9) H.E. Ahmed Thahir Sait, Trustee, aged 61 years, Arangath Road, Khadeeja Bai Trust, Pullepady, Kochi -- 682 018, 10) Vaseem A. Sait, Trustee, Abdul Azeez Sait, aged 47 years, Khadeeja Bai Trust, Arangath Road, Pullepady,Kochi -- 682 018, 11) Salman M. Babu Sait, Trustee, S/o. Babu Sait, aged 35 years, Khadeeja Bai Trust, Arangath Road, Pullepady, Kochi -- 682 018, 12) K.B. Nizam, Higher Secondary School Teacher (Arabic), Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 13) Sadath T.U., S/o. late T.K. Ummer, Lower Grade Hindi Teacher, Higher Secondary School Teacher, (Arabic), Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 14) Shareena Beevi A.R., UPSA, Darul Uloom Vocational Higher Secondary and Higher Secondary School, Veekshanam Road, Kochi-682018, 15) Kerala Wakf Samrakshana Vedhi (Regd.) Represented by its Secretary, Nassir Manayil, 16) T.M. Abdul Salam, President, Kerala Wakf Samrakshana Vedhi (Regd.), 17) Cochin Yatheem Khana, Represented by its Secretary TLE, Ahmed Tahir Sait, S/o Haji Ishack Sait, Arangath Road, Pulleppady, Ernakulam, Kochi-682 018, 18) Khadeeja Bai Trust Represented by its Managing Trustee, H.E. Muhammed Babu Sait, aged 65 years, S/o Haji Essa Haji Abdul Sathar Sait Arangath Road, Pulleppady, Emakulam, Kochi-682 018, 19) Cochin Orphanage Trust Represented by its Chairman, HE. Muhammed Babu Sait, aged 63 years, S/o Haji Essa Haji Abdul Sathar Sait, Arangath Road, Pulleppady, Ernakulam, Kochi-682 018, 20) Cochin Yatheem Khana Trust, Represented by its Chairman, H.E. Muhammed Babu Sait, aged 63 years, S/o Haji Essa Haji Abdul Sathar Sait, Arangath Road, Pulleppady, Ernakulam, Kochi-682 018, 21) Hafsa Bai, W/o H.E. Muhammed Babu Sait, Aged 56 23 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35, 22) Shemi K.S., W/o Navas K.S, 29 years, XLI/1212, Krishnaswamy Road, Ernakulam, Kochi-35, 23) M.B. Basheer, 57 years, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Emakulam, Kochi-35, 24) NLP. Thajudhenn, aged 53 years, S/o N.K. Pareekuti, Darul Uloom Vocational Higher Secondary School, Veekshanam Road, Ernakulam, Kochi-35, Residing at Uzhinjeril House, Kuthappady, Thammanam P.O., Emakulam do hereby solemnly state and declare that what is contained in paragraph | to 4 are true to the best of our knowledge, information and belief.

Dated this the 22 day of February,2019 E. MOHAMED BABU SAIT ASQ. MANAGER be mager, DUV HS& HSS --3. The. Principal Buss 4, The Principal, DUVAIBBFISA. RE ee RINCIPAL DARUL ULOOM VHS SCHt PULLEPPANY YacHt . 682 NS OKI"

wfct ' ~ omen lu

5. The aloe Bois 6. H.E. Mohanfmed Babu Sait 7. Riyas Ahmed Sait ~ Ayre» Wer vA i Nassar Latif 9.H.E. Ahmed Thahir Sait 10. Vaseem A. Sait 11. Salman M. Babu Sait "

12. K.B. Nizam 13. Sadath T.U. 14. Shareena Beevi A.R. 15. Kerala Wakf Samrakshana Vedhi Rep by its Secretary Nassir Manayil & : Ahrrpgh We? iH BABU S SAIT ARAMED THAHTR SAIT

16. T.M. Abdul Salam 17. 'Cochin ¥athbean Kana = =---18. Khadeeja Raidy Aetrosree BAI TRUST cacuReps bycits Seruetaryst 'Rayd) Rep by béivoomginaicistaa ROAD KAANGATH ROAD KOC Hi ctl O18 COCHIN - §82018 wv Arma Hea gy

19. Cochin Orphéna: erustyT 20. Cochin Yashéditi Kh¥ina Trust 21. Hafsa Bai HE. Rep? BA aie tu egRep. hy iRe@bainthantuST (Regd) ARANGATH ROAD KOCHI-S82 018 ~ \

22. Shemi K.S. 23. MB Basher 24. N.P. Thajudheen .

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C) No. 29113 of 2015 Kerala Wakf Samrakshana Vedhi (Regd.) & another : Petitioners Vs. State of Kerala and another : Respondents We, P.M. Abdul Sathar, Pallippattu House, NCC Road, Thuravur, Cherthala, Alapuzha District, T.M. Abdul Salam, Nassir Manayil, Siddique T.U., S/o T.N. Ummer, Kariakkat House, Kaloor, Kochi-682017, H.E. Mohammed Babu Sait, and HE. Ahmed Thahir Sait are hereby given our consent to function . as the Chairman and Members of the Committee constituted as per the compromise agreement dated 21.2.2019 to be filed in WP( C) No. 12244/2014, WP( C) No.:29113/2015, Crl. MC No. 7374/2018 and Cri. MC No. 7416/2018 of Hon'ble High Court.

All persons named above except P.M. Abdul Sathar and Siddique T.U. are signatories in the compromise Agreement.

1. P.M. Abdul Sathar, Retd. District Judge

2. T.M. Abdul Salam_.

3. Nassir Manayil 4, Siddique T.U.

5. | H.E. Mohammed Babu Sait /Vtked, My

6. ELE. Ahmed Thahir Sait horns dio --

Dated this the 21" day of February, 2019 2 T-th Zap BAL PA, 7'. altscls od Adistata A dir D avotols

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