- (1.) Leave granted.
(2.) The appellant-a religious Trust challenges the judgment of the Division Bench of the High Court whereby the High Court allowed the Writ Petition filed by the respondent No.1 herein. The respondent No.1 claims to be the representative body of the residents of the area called Karpaga Nagar. The High Court while allowing the Writ Petition issued the following direction: "We allow the writ petitions and direct that the plots covered in LP/MR 1/75 cannot be used for any purpose other than the public purposes mentioned in such LP/MR 1/75." The High Court, however, did not include two plots, namely, plot Nos. 276 and 369, meaning thereby that those plots could be used for any other purpose.
(3.) Some factual background would be necessary before we approach the controversy. The appellant is a Trust formed in the year 1924 to look after religious and secular activities of Pillayarpatti Koil situated at Pillayarpatti and for the welfare of Nagarathar community. The Trust acquired properties in Tallakulam village in Madurai District including lands in S. No. 92, 94, 120 to 126, 130 to 133, 176/1 and 178. These properties were sub-divided into 910 plots and they are named as Karpaga Nagar. The Trust thereafter prepared a detailed layout plan for the entire extent of 76.12 acres in all, in which the provision was made for 60 feet, 50 feet and 40 feet roads. The road area was to the extent of about 21 acres. This layout plan was submitted to Tallakulam Town Panchayat which was the appropriate authority in the year 1972. This layout plan was approved by Tallakulam Town Panchayat vide its order dated 19.5.1972 in P.R. No. 21 of 1972 under Rule 3 of the Tamil Nadu Panchayats Building Rules, 1970. Pursuant thereto, majority of the plots were sold by the Trust retaining about 40 plots for its use. The said Tallakulam Town Panchayat along with other Town Panchayats merged with Madurai City Municipal Corporation on 30.1.1974 and, therefore, the laws applicable to Madurai Corporation were made applicable to Tallakulam. The Madurai Corporation insisted to revalidate the plan. The Trust again applied for revalidation of the original plan in 21/72. Plan No.1/75 showed 40 plots as reserved for school. The appellants herein claimed that as per the savings clause the Corporation was bound by all rights and liabilities created by the erstwhile Town Panchayat before the date of merger.;