UMAYAL RAMANATHAN Vs. THE SECRETARY TO THE GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION & WATER SUPPLY, SECRETARIAT, FORT ST.GEORGE, CHENNAI 600 009 & ANR.

JUDGEMENT

(1.) The father of the appellant donated 30.35 acres of land in Madampakkam Village, Tambaram Taluk, Chengalpat District to the Corporation of Chennai, by gift deed dated 15 March 1946, for the specific purpose of establishing a full fledged leprosy hospital. The Corporation after a period of seventy years, constructed a leprosy clinic using less than 12 cents of land, after failing in its attempt to give the land to the employees of Chennai Corporation for construction of residential houses. The appellant, aged about 89 years, is before this Court to direct the respondents to return the land to her on the ground that it was not utilized for the purpose for which her father gifted the land to the local body. The facts:-

(2.) (a) The appellant is the daughter of Dr. R.M. Aalagappa Chettiar a philanthropist and educationalist, who floated Dr. Alagappa Chettiar Educational Trust for establishing educational institutions in the State of Tamil Nadu to serve the public in general and poor people in particular.

(3.) (a) The learned counsel for the appellant submitted that the land was gifted for a specific purpose. Even after a period of 70 years, the land was used for the purpose for which it was gifted. Since leprosy was eradicated, there is no need for a full fledged leprosy hospital now in the State. According to the learned counsel, the Corporation would have given the land to its employees for housing purpose, but for the intervention of the appellant. The learned counsel placed reliance on an earlier judgment of this Court in W.A. No. 836 of 2017 in support of his contentions.