Chennai: School established in 1970 gets court relief after 13 years

Chennai: Nearly after 13 years, the Diocese of Tanjore Society, which runs a school and orphanage on the lands measuring 9.45 acres assigned to it by the state government in Punavasal village, Pattukkotai taluk, Thanjavur, got reprieve with the Madras high court setting aside an order of the state government, which directed resumption of 4.75 acres from it.

Passing orders on a petition filed by the Diocese of Tanjore Society by its secretary Fr John Joseph Sundaram, Justice M.Dhandapani set aside the order dated July 14, 2006, and remitted the matter back to the state government for fresh consideration.

 According to petitioner, originally, in the year 1970, the bishop of Thanjavur took steps for starting a high school in the remote village and made a request to the state government for allotment of lands for construction of high school at free of cost. Accordingly, the government assigned lands to the bishop of Thanjavur and the president of Diocese of Tanjore Society. In 1970 itself, a high school was constructed and in 1971, an orphanage was constructed and the remaining land was used as a play ground and coconut trees were planted in and around the vacant area. While so, persons inimical to the petitioner, seems to have moved the authorities concerned, for resumption of land on the ground that the petitioner has not complied with the condition imposed while assigning the land to it. Accordingly, the authorities issued a show cause notice as to why 4.75 acres should not be recovered. After adjudication, the government passed the impugned order directing resumption of 4.75 acres, the petitioner added.

Senior counsel S.V.Jayaraman, appearing for the petitioner submitted that at present nearly 2,000 students were studying in the school and the land assigned in survey no.501was utilized as a playground. If the said GO was given effect, large number of school students will get affected, he added.

 Additional government pleader J.Ramesh contended that the school was constructed in 4.55 acres and the remaining 4.75 acres was used as coconut thoppu without constructing the school building and orphanage as prescribed in the 1971 GO, which was in violation of the G.O. Moreover the income derived from the thoppu was converted into school purpose, which was against the condition imposed in the 1971 GO, Ramesh added.

 The judge said it was an undisputed fact that 4.55 acres was used by the petitioner for the construction of school and orphanage. The main allegation against the petitioner was that he has not used the land to an extent of 4.75 acres. However, senior counsel S.V.Jayaraman has contended that apart from the construction of the school, the remaining area was used as a playground for the purpose of school students. On perusal of the impugned order, it appears that the land assigned in remote village was now recently developed as a playground.”Therefore, I am inclined to remand the matter back for fresh consideration”, the judge added and set aside the 2006 GO.