R. Sudhakar, J.

The prayer in this writ petition is to quash G.O.Ms.No.154, Revenue LD1(2) Department, dated 29.05.2013, issued by the 1st respondent and also for a consequential direction, directing the respondents to restore the public road from Thirupparankundram to Avaniapuram village in its original position, by removing the gate at the entrance and at the end of the public road, on either side, put-up by respondents 8 and 9 or any other illegal construction.

2. G.O.Ms.No.154, Revenue LD1(2) Department, dated 29.05.2013, is a Government Order allowing exchange of lands at the behest of the 9th respondent college, which is a Government aided College, run by the 8th respondent Trust.

3. Brief facts, necessary for the disposal of the writ petition are as follows:

(a) The 9th respondent college was founded in the year 1956, presently having students strength of about 4,000 - both boys and girls. When the college was initially started, it is stated that a large extent of land was acquired by the Government for the benefit of the 8th respondent Trust to establish an institution. Several blocks of buildings have been put-up, spread over several acres of lands comprised in different survey numbers. To simplify the location of various buildings and lay-out of the college, we refer to the site plan submitted by the Tahsildar, Madurai South Taluk, at page No.66 of the typed-set of papers filed by the official respondents. This layout plan sets out in detail the various buildings constructed in the 9th respondent college in different survey numbers. They are identified in circles.

(b) According to respondents 8 and 9, a cart track was running in the middle of the college property, connecting Thirupparankundram and Avaniyapuram villages, through survey Nos. 666/3, 669, 671 and 667, which are classified as vaikkal (channel), kalam (thrashing field), cart track poramboke, as per revenue records. The cart track, running through the institution, was partly in the Government land and mostly in the patta land belonging to the College. It is not in dispute that general public were using the said cart track for quite some time. Few vehicles were also plying through the said cart track, though it is not a bus-route. The cart track divided the college premises into two halves. Students, both men and women, while using the college facilities, had to move from one part of the college campus to the other part and while doing so suffered inconvenience due to the use of this road by lorries, used by the Madurai Corporation for transporting garbage to the dumping yard. Besides, tourist bus operators have started using the said road to park the vehicles, as it was nearer to a pilgrimage site. All these caused lot of disturbance to the institution and inconvenience to the students in particular.

(c) In order to avoid any sort of hardship and inconvenience to the students community by the user of vehicles, the College authorities made a request to the District Collector, Madurai, to shift the said road to the periphery of the college and in that view of the matter offered to donate patta lands to the Government for laying the alternate road for public use. It is pointed out that the survey numbers, which are relatable to the present transaction of exchange, come under the jurisdiction of Avaniyapuram Municipality.

(d) On 16.12.2010, A-1 Notice, as prescribed under Board Standing Orders, came to be published in Avaniapuram Village seeking opinion of the general public on this issue of exchange of lands between the Government and respondents 8 and 9. According to respondents 8 and 9, public did appear and there appears to be no objection. Thereafter, Avaniyapuram Municipal Council passed a Resolution, agreeing for exchange of lands and assigning them in favour of the College and for formation of a new road, in the land proposed to be donated by the Co