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2017 Supreme(Mad) 3611

K.K.SASIDHARAN, P.VELMURUGAN
Umayal Ramanathan – Appellant
Versus
Secretary to the Government of Tamil Nadu, Municipal Administration & Water Supply – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R. Natarajan, Advocate
For the Respondents:V. Anandhamurthy, Additional Government Pleader, Karthikaa Ashok, Advocate

JUDGMENT :

K.K. Sasidharan, J.

Introductory:-

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.

(b) It is the case of the appellant that Dr. Alagappa Chettiar, with a view to establish a Leprosy Hospital, gifted 30.35 acres of land to the C































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