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2025 DIGILAW 281 (MAD)

Rajeshwari Palaniswamy v. Government of Tamil Nadu, Represented by its Secretary

2025-01-09

P.T.ASHA

body2025
ORDER : 1. This writ petition has been filed for a mandamus, directing the respondents to consider the representation of the petitioner's mother dated NIL sent to the respondents 1 to 4 on 17.12.2021 and accept the proposal made by the petitioner for gifting the southern part of the land in S.No.635/4, measuring an extent of 1.69 acres out of 2.07 acres situated at Modakurichi B Village, Modakurichi Taluk, Erode District to the 1 st respondent herein, by convening meeting with the petitioner herein or her representative. 2. It is the case of the petitioner that the land comprised in S.F.No.400A measuring an extent of 5.44 acres situated at ModakurichiB Village, Modakurichi Taluk, Erode District belonged to the petitioner's grandfather S.P.Subbaraya Gounder. The said Subbaraya Gounder was a philanthropist and an educationalist. In the partition between the petitioner's grandfather and the petitioner's father, Palaniswamy on 09.09.1954, the land in question was allotted to the share of the petitioner's father. The petitioner came to learn that, in the year 1960, the Department of Health and Family Welfare, Government of Tamil Nadu approached the petitioner's father and grandfather to permit them to use a part of the land in S.F.No.400A of Modakurichi Village to establish a Primary Health Centre. As the request was for the benefit and welfare of the rural General Public living in and around the said village, his father and grandfather had permitted the respondents to use their land in S.F.No.400A Part measuring an extent of 2.07 acres to establish the Primary Health Centre. Thereafter, the 1 st respondent established a Primary Health Centre and has been functioning in the said land as a permissive occupant of the petitioner's father and grandfather. 3. Under the registered Settlement Deed dated 11.04.1970, the petitioner's father settled a portion of the land in S.F.No.400A, measuring an extent of 3.28 acres as well as the adjacent land to the petitioner. The petitioner's father died on 02.07.1987 leaving behind him surviving his mother, S.P.S.Saradhambal, wife, Devi Palaniswamy and 3 daughters including the petitioner as his legal heirs. The petitioner's grandmother S.P.S.Saradhambal also passed away on 25.02.2001. 4. The petitioner's father died on 02.07.1987 leaving behind him surviving his mother, S.P.S.Saradhambal, wife, Devi Palaniswamy and 3 daughters including the petitioner as his legal heirs. The petitioner's grandmother S.P.S.Saradhambal also passed away on 25.02.2001. 4. The petitioner would submit that his mother, Devi Palaniswamy on 17.12.2021, sent a representation to the Hon'ble Chief Minister of Tamil Nadu and the respondents herein offering to gift a part of land in S.No.400A in Survey No.635/4 where the Primary Health Centre is now functioning, while leaving a part of the land, with a width of 30 feet, to form an access from Muthur Main Road to the petitioner's land in S.No.637/2A and 637/3. According to the petitioner, the present market value of the land in question is 5 Crores per acre. The District Revenue Officer, Erode by his proceedings dated 20.01.2022 directed the 5 th respondent herein to consider the representation and submitted a report. This representation was not considered. However, the petitioner came to learn that, since the Primary Health Centre had become dilapidated, the Government has proposed to put up a new building elsewhere. Since the petitioner's mother's representation had not been properly considered, the petitioner issued a legal notice dated 28.11.2022 to respondents 2 to 4 to vacate the premises (Primary Health Centre) and hand over the vacant possession of the land measuring an extent of 1.69 acres in S.No.635/4. The legal notice was received by the 2 nd respondent and the notice sent to the 1 st respondent was returned with an endorsement “unserved”. It was only the 3 rd respondent who had sent a response on 08.12.2022. Though the petitioner is ready to gift the southern part of the land in S.No.635/4, measuring 1.69 acres out of 2.07 acres, which by itself would be valued at Rs.8.50 crores to the 1 st respondent, there has been no response from the respondents. Hence, the petitioner has come forward with the above writ petition. 5. A reading of the counter affidavit filed by the 5 th respondent clearly indicates the absolute indifference that has been shown by the respondents to the petitioner's offer. The request is sought to be brushed aside only on the ground that there are no records in favour of the health department with reference to the aforesaid property. They have also acknowledged the fact that the existing building has been donated by the petitioner's family. The request is sought to be brushed aside only on the ground that there are no records in favour of the health department with reference to the aforesaid property. They have also acknowledged the fact that the existing building has been donated by the petitioner's family. In fact, a reading of the counter affidavit does not even convey as to whether they are willing to establish a primary health centre. 6. Heard the learned counsels on either side and perused the materials available on record. 7. The apathy displayed by the respondents to the offer is evident from the manner in which they have responded to the request of the petitioner to name the building after his grandfather, S.P. Subbaraya Gounder. However, the petitioner appears to be keen on following the foot steps of his grandfather by offering the land to the respondents for putting up the primary health centre. 8. An additional affidavit has been filed by the petitioner wherein the petitioner has reiterated his offer in paragraph 2 as follows: 2. It is submitted that the Petitioner herein has filed the above Writ Petition offering to gift Southern Part of the land in S.No.635/4 measuring an extent of 1.69 Acres out of 2.07 Acres to the 1 Respondent herein, subject to; a. The land to be gifted is the Southern Part of the land in S.No.635/4 measuring an extent of 1.69 Acres out of 2.07 Acres. b. The Respondents may remove part of old building and the compound on the Northern Part of land in S.No.635/4 measuring an extent of 0.38 Acre out of 2.07 Acres and hand over the same to the Petitioner, which is proposed to be retained by the Petitioner herein to have a 40 feet width private road from Muthur main road to reach her other lands in S.No.637/2A & 637/3 of Modakurichi B Village. c. Since the Petitioner's Grandfather S.P. Subbaraya Gounder has permitted the 1 st Respondent to establish a Primary Health Center, the Petitioner and her family members would like the respondents to name the Government hospital as S.P. Subbaraya Gounder Government Hospital or to name the building of the hospital after his name.” 9. c. Since the Petitioner's Grandfather S.P. Subbaraya Gounder has permitted the 1 st Respondent to establish a Primary Health Center, the Petitioner and her family members would like the respondents to name the Government hospital as S.P. Subbaraya Gounder Government Hospital or to name the building of the hospital after his name.” 9. Therefore, although the respondents have not evinced any interest to the above offer, however, taking into account the public interest, the petitioner has agreed to gift the southern part of his land in S.No.635/4 measuring an extent of 1.69 acres out of 2.07 acres within the specified boundaries and after gifting the above land, the remaining land which is the northern part of land in S.No.635/4 measuring an extent of 0.38 acres out of 2.07 acres shall be retained by him. The old dilapidated building thereupon can be demolished by him. 10. In view of the above, this Writ Petition is disposed of with a direction that the respondents shall consider the above offer of the petitioner and to name the building after his grandfather, S.P. Subbaraya Gounder. There shall be no order as to costs.