O R D E R

This Writ Petition has been filed for issuance of Writ of Certiorari to call for the records of the first respondent pertaining to the impugned order in G.O.Ms.No.185, Revenue Department, dated 25.03.2004 and quash the same.

2. The case of the petitioner is that the petitioner-Society was established in the year 1954 and one of the primary objects of the Society was to provide education, boarding and lodging facilities for Harijans and backward classes and all students in general. At the request of the petitioner-Society, the first respondent, by G.O.Ms.No.4267, Revenue Department, dated 21.11.1956, assigned 2 acres of land in T.S.No.14391/1 in Coimbatore with a condition that the Society shall use the site for construction of hostel building. Accordingly, the Society constructed a hostel building with total plinth area of 7885 sq.ft and running the same on no profit no loss basis, for all community students.

3. The petitioner would claim that the inmates of the hostel were mainly from Medical Colleges and Engineering Colleges in Coimbatore and later as the Colleges have constructed their own buildings for hostel to accommodate their students, there was a decrease in the number of inmates in the hostel. While so, the second respondent approached the petitioner, vide letter dated 27.03.1992, with the request to lease the hostel building for running a hostel for Adi Dravidar students. In order to comply with the request of the second respondent, the petitioner, by its letter dated 01.05.1992, agreed to provide its building as a temporary measure. The second respondent, by a letter dated 20.06.1992, informed the petitioner that they are ready to pay the monthly rent as per the norms of the Public Works Department. As such, from 01.07.1992, a hostel is being run by the respondent for accommodating Adi Dravidar students.

4. It is a case of the petitioner that near the hostel building, more than 1000 families are residing in the Government Servants' Quarters and there was no nursery school for the children of the Government Servants. Hence on 26.07.1995, the petitioner-Society sent a representation to the second respondent, seeking permission to construct a school building to start a nursery school as per the rules and regulations of the Educational Department. One more representation was given to the Hon'ble Revenue Minister of Government of Tamil Nadu on 14.08.2000.

5. The petitioner would also state that in respect of Coimbatre Diocese Society, Puliakulam Red Fields, St. Theresa's Middle School, Puliakulam Village and Londom Mission Church School in Coimbatore District, the respondents granted permission to run the nursery school. So, anticipating permission from the respondents, the petitioner started a nursery school in the year 1995 in the name and style of Shishu Vidhodaya School and about 150 students are studying in the classes from LKG to 5th Standard and most of them from the middle class family and a nominal fees are being collected from the School. When the request of the petitioner was pending, the first respondent issued a show-cause notice, dated 14.02.2000, seeking explanation for infringement of the conditions of the grant. The petitioner submitted a detailed explanation, dated 07.01.2001, however, without considering the same, the impugned G.O. came to be passed for resumption of the land in an arbitrary and illegal manner.

6. A counter affidavit has been filed on behalf of the respondents, stating that the Government after convincing with the object of the Society, issued G.O.Ms.No.4627, Revenue Department, dated 21.11.1956, with the specific conditions that the land shall be used for construction of a hostel building and for no other purposes. The Society also followed those objects for a certain period of time, but later the Society wanted to commercialize the land. It collected rent from the Adi Dravidar Welfare Department for accommodation of Adi Dravidar Students, which clearly shows the intention of th