TAHSILDAR, POLLACHI TALUK Vs. P.BAGYALAKSHMI

JUDGEMENT

(1.) This intra court appeal is directed against the order dtd. 8/11/2016, in Writ Petition No.12989 of 2013 giving liberty to the respondent to make an application before the first appellant for change of patta and on receipt of such application, the Tahsildar was directed to pass appropriate orders on merits.

(2.) The predecessor-in-interest of the respondent, by way of Gift Deed, dtd. 24/4/1964, gifted 2.50 acres of land in S.F.No.73/1, Sub Division 368 in Vadakkipalayam Village, Pollachi Taluk, Coimbatore District to the Education Department, for construction of school. The gift was made consequent to the decision taken by the Government to permit construction of Educational Institutions by accepting land from private individuals on condition that the school would be named after them. The land gifted by the predecessor-in-interest of the respondent on 24/4/1964 was accepted by the Education Department. However, school was not constructed by utilising the gifted land.

(3.) Since the land was not used for the purpose for which it was gifted and the school was established at a near by place, the respondent filed a Civil Suit in O.S.No.70 of 2007 before the Subordinate Court at Pollachi, for a declaration of revocation of gift, as it was not acted upon. The civil suit was decreed ex parte by judgment and decree dtd. 20/12/2007. Since the revenue records were not mutated, the respondent filed a writ petition before this Court in W.P.No.12989 of 2013. The learned Single Judge having found that the Civil Court has already granted a decree of declaration, directed the first appellant to consider the question of mutation of land records. The order is under challenge before this Court.