PARISH PRIEST Vs. STATE OF T.N.

JUDGEMENT

(1.) The present writ petition has been filed challenging an order passed by the respondent herein wherein he has rejected the request for returning of 60 cents of land that was gifted by the writ petitioner in the year 1981.

(2.) According to the petitioner, the petitioner Church had established a Co-operative Society in the name and style of Vavarai Mount Carmel Industrial Weavers Co-operative Society in the year 1981 for the purpose of uplifting the economic and social conditions of the poor people residing in the surrounding area. For the said purpose, the Church has allotted an extent of 60 cents of land in R.S.No.70/1 of Aruthesam Village in favour of the Co-operative Society. The State Government had put up a shed in the land for use of the members of the Society out of its own fund. Since the Government officials had insisted that the said land should be gifted in favour of the Co-operative Society, a registered gift deed was executed on 7/8/1981. The shed was put up at the cost of Rs.5,49,000.00 by the Government and the members were doing their weaving work.

(3.) The petitioner had contended that the possession of land continues to remain with the Church. In view of the technological advancement in the textile industry, the weaving work gradually dwindled and eventually the society was wound up in the year 2006. According to the petitioner, the Church is conducting various self-help programmes in the shed giving training for the villagers for their social and economical development. As the society is wound up and the land is no longer required for its purpose, the petitioner Church approached the Government for re-conveying the said land to the Church. Several representations were submitted to the Government on various dates. The petitioner Church has also expressed their willingness to refund the cost of the shed without reducing any depreciation. However, there was no response from the Government. Hence, the petitioner had filed W.P(MD).No.7782 of 2014 before this Court seeking for issuance of a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation dtd. 10/2/2014. This Court was pleased to dispose of the writ petition by order dtd. 2/6/2014 directing the respondent to consider the said representation and pass orders within a period of six weeks.