JUDGMENT :

(Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 2 to 7 to consider the representation of the petitioner, dated 09.12.2020 and consequently, direct the respondents 2 and 3 to re-convey the Gifted Land of 50 cents in Survey No.57/2B of Kavurkalpatti village at Salem back to the petitioner and his family.

1. The prayer sought for herein is for a writ of mandamus, directing the respondents 2 to 7 to consider the representation of the petitioner, dated 09.12.2020 and consequently, direct the respondents 2 and 3 to re-convey the Gifted Land of 50 cents in Survey No.57/2B of Kavurkalpatti village at Salem back to the petitioner and his family.

2. Heard Ms. Thanga Vadhana Balakrishnan, learned counsel appearing for the petitioner, Mrs. Akila Rajendran, learned Government Advocate appearing for the Respondents 1 to 6 and Mr. Mohammed Sadhik, learned Government Advocate appearing for R7.

3. It is the case of the petitioner that, the grand father of the petitioner was the owner of a piece of land at Sentrayampalayam, Salem District. In order to dig a community well by the society for the purpose of irrigation to various farmers in that village in the year 1972, that piece of land was donated by the grand father of the petitioner to the society and in this regard, a Gift Deed under Document No.377 of 1972, dated 28.02.1972 was executed and registered at SRO, Vazhapadi, Salem. The extent of the land is 50 cents at S.No.57/2b in Kavurkalpatti village, Salem District.

4. It is the further case of the petitioner that, though the land was donated to the society for the purpose of digging a common well, that purpose was not served and no such well was dug out and the society since become defunct and it came under the administration of Official Liquidator, the land in question has been sold to another society called Seshanchavadi Co-operative Agricultural Bank for settling the loan amount that the society had to pay.

5. In the meanwhile, the grand father of the petitioner died. Subsequently, the petitioner's father and now the petitioner had been making efforts to get back the land donated by the grand father of the petitioner, as the purpose for which it was donated was not fulfilled.

6. It is also the case of the petitioner that, the land in question belong to the family of the petitioner donated by the grand father, since has not been utilised for the public purpose to have a community well for the benefit of entire agriculturists in that village and the petitioner's family also is not having enough agricultural land in that locality, in order to enhance the further quality of life and the livelihood, the petitioner's father first and thereafter, the petitioner though had been made several attempts to get back the land, which has not been given back to the petitioner's family, therefore at last in this regard, the petitioner has given a representation dated 09.12.2020 to the respondents 2 to 7 and the said representation since have not been considered, he has approached this Court by filing the present writ petition with the aforesaid prayer.

7. Ms. Thanga Vadhana Balakrishnan, learned counsel appearing for the petitioner has submitted that, though there has been no conditions imposed in the said Gift Deed executed by the grand father of the petitioner, at that time of donating the land to the society that, if the purpose for which it is donated was not fulfilled, it can be reverted back to the petitioners family, still the petitioner can expect that, the land in question can be given back to the petitioner's family because, firstly the purpose for which it was donated has not been fulfilled, secondly, now the land is in the hands of yet another Bank or Society, where it is not being properly utilised and some individuals who are in the helm of affairs of the Society / Bank are trying to grab the land, therefore the petitioner is entitled to get