The Madras High Court has directed the Municipal Administration Secretary to reconsider a plea made by Umayal Ramanathan, the 89-year-old daughter of noted philanthropist Alagappa Chettiar, to reconvey 30.35 acres of land donated by her father at Madampakkam village in Tambaram Taluk in 1946 for establishment of a leprosy sanatorium.
Disposing of a writ appeal preferred by her, a Division Bench of Justices K.K. Sasidharan and P. Velmurugan ordered that the request for reconveyance be considered in the backdrop of the fact that the land was not used for the purpose for which it was donated and an attempt made by Chennai Corporation to distribute it to its employees had failed.
During the course of arguments, the petitioner’s counsel R. Natarajan had contended that though over 70 years had passed since the land was donated, the government was yet to utilise it for establishing a leprosy sanatorium. Further, pointing out that the disease had now been eradicated, he said that no purpose would be served in letting the property remain with the government.
Corporation’s stand
In her submissions, Corporation counsel Karthikaa Ashok said that the civic body had constructed a building on two grounds for a leprosy hospital and put up a compound wall covering two acres.
On the other hand, Additional Government Pleader V. Anandhamurthy said that a decision on reconveying the land could be taken only by the government.
‘Therefore, it is clear that the Corporation is still keeping 28.35 acres of land without utilising it for the specific purpose for which it was gifted by the father of the appellant.
The Chennai Corporation earlier made an attempt to give this land to its employees for housing purpose by forming a layout.
“The proposal was later dropped on the basis of the legal opinion that it should be used only for the purpose for which it was donated. The appellant has produced a string of documents to prove that the State of Tamil Nadu has eradicated leprosy. Similarly, the appellant has produced newspaper reports indicating that anti-social elements have been using the land for unlawful purposes.
“The land is now full of Seemai Karuvelam ( prosopis juliflora) trees and it is a place of neglect,” the Division Bench said and directed the government to consider the plea for reconveyance within three months.
