ORDER :

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the respondent in Letter No.7763/D1/2012-8 dated 11.08.2014, quash the same and further direct the respondent herein to reconvey forthwith the land of 60 cents in R.S.No.70/1 of Aruthesam Village, Kanyakumari District in favour of the petitioner Church.)

1. The present writ petition has been filed challenging an order passed by the respondent herein wherein he has rejected the request for returning of 60 cents of land that was gifted by the writ petitioner in the year 1981.

2. According to the petitioner, the petitioner Church had established a Co-operative Society in the name and style of Vavarai Mount Carmel Industrial Weavers Co-operative Society in the year 1981 for the purpose of uplifting the economic and social conditions of the poor people residing in the surrounding area. For the said purpose, the Church has allotted an extent of 60 cents of land in R.S.No.70/1 of Aruthesam Village in favour of the Co-operative Society. The State Government had put up a shed in the land for use of the members of the Society out of its own fund. Since the Government officials had insisted that the said land should be gifted in favour of the Co-operative Society, a registered gift deed was executed on 07.08.1981. The shed was put up at the cost of Rs.5,49,000/- by the Government and the members were doing their weaving work.

3. The petitioner had contended that the possession of land continues to remain with the Church. In view of the technological advancement in the textile industry, the weaving work gradually dwindled and eventually the society was wound up in the year 2006. According to the petitioner, the Church is conducting various self-help programmes in the shed giving training for the villagers for their social and economical development. As the society is wound up and the land is no longer required for its purpose, the petitioner Church approached the Government for re-conveying the said land to the Church. Several representations were submitted to the Government on various dates. The petitioner Church has also expressed their willingness to refund the cost of the shed without reducing any depreciation. However, there was no response from the Government. Hence, the petitioner had filed W.P(MD).No.7782 of 2014 before this Court seeking for issuance of a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 10.02.2014. This Court was pleased to dispose of the writ petition by order dated 02.06.2014 directing the respondent to consider the said representation and pass orders within a period of six weeks.

4. According to the petitioner, the respondent has issued the impugned order on 11.08.2014 rejecting the petitioner's request on the ground that there is no such condition in the gift deed with regard to return of the property in the event of the purpose being failed. The said order was passed without providing any opportunity to the writ petitioner. This order is under challenge in the present writ petition.

5. The learned Senior Counsel appearing for the petitioner had contended that the impugned order is arbitrary, discriminatory and illegal. The land originally belonged to the Church and it was gifted only for the specific purpose of running a Co-operative Weaver Society considering the poor social and economical condition of the residents of the said Village. The learned Senior Counsel had further contended that even today the shed is in possession of the Church and they are maintaining the same. Several programmes of the self-help group are being conducted in the shed and same is being maintained by the petitioner Church. The land that was gifted by the Church is surrounded by the lands belonging to the Church. There is no access to the gifted property except through the property