Sri Abraham. T.J vs The State Of Karnataka on 3 July, 2017
Subsequent inspection of land by the Director of Medical
Education found that the land was not fit for establishing a
medical college on account of its locational disadvantages.
The Government therefore decided to take another land
owned by a Religious institution in exchange of the gifted
land. In the meanwhle, Karur Municipality, resolved to
allot 20 acres of its prime land in Karur Town for
construction and establishment of Government Medical
College. While so, the donors, the contractor and a local
politician filed writ petitions before the Madurai Bench to
direct the Government to establish the medical college at
the land gifted by the donor. The Writ Court granted
interim stay and restrained the Government from changing
the location. Another writ petition was filed in public
interest to accept the municipal land. The Division Bench
following the judgment of the Hon'ble Supreme Court in
Abraham T.J. V. The State of Karnataka [2017 (7) Scale
641] held that it is the prerogative of the Government to
select the land for establishing medical college and there
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is no legal right to claim that only the land gifted by the
donor should be used for the public purpose. While
dismissing the writ petition filed by the donors and
upholding the decision taken by the Government to accept
the land offered by the Karur Municipality, the Division
Bench directed the Government to return the gifted land to
the donors on account of the subsequent events.”