The Madras High Court held that a petition styled as PIL concerning temple control and ancestral rights is not a public interest matter. The case was disposed of without merits, directing the petitioner to file a civil suit instead.
Petition disposed of without going into merits; privilege refused to institute civil suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.1072 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No.1072 of 2021
K.P.Chandrasekaran
... Petitioner
Vs
1.The District Registrar, (For Societies Registration), Dindigul District, Dindigul.
2.The Sub Registrar, Periyakulam, Theni District.
3.The Sub Registrar, Theni District, Theni.
4.The Sub Registrar, Batlagundu, Dindigul District.
5.A.Velusamy. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation, dated 14.12.2020, forbearing the respondents 1 to 4 in registering the fifth respondent Sangam named “Vishwakarma Sangam”, including the petitioner's family temple Arulmighu Sri Jeya Badhira Kaliamman Thirukovil, Devadhanapatty, Theni District.
For Petitioner : Mr.G.Solai Raja For Respondents : Mr.P.Thilak Kumar 1 to 4 Government Pleader For 5th Respondent : Mr.M.Sankar
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
Though the petition has been styled as a public interest litigation, there appears to be a dispute between the petitioner and the fifth respondent for the control of a temple and its properties https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD) No.1072 of 2021
in Devadanapatti village. The entire point of interest appears to be the valuable land around the temple at S.No.1829 of Devadanapatty Village.
2.The petitioner seeks to claim ancestral rights through the petitioner's grandfather and his father, who apparently attained Poojari status.
3.The petition cannot be considered to be in public interest as it does not involve the interest of any person other than the petitioner and the private respondent.
4.Accordingly, W.P.(MD) No.1072 of 2021 is disposed of without going into the merits thereof and by leaving the petitioner free to institute a civil suit in respect of the matters complained of.
5.There will be no order as to costs.
// True Copy //
MNR/LR
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .
To:
1.The District Registrar, (For Societies Registration), Dindigul District, Dindigul.
2.The Sub Registrar, Periyakulam, Theni District.
3.The Sub Registrar, Theni District, Theni.
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W.P.(MD) No.1072 of 2021
4.The Sub Registrar, Batlagundu, Dindigul District.
W.P.(MD) No.1072 of 2021 25.10.2021
PS(CO) RS/JC (09.11.2021) 3P 7C
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2 issues framed by the court
Whether a petition styled as PIL regarding temple land dispute qualifies as a public interest matter.
Whether to issue writ in the absence of public interest.
K.P. Chandrasekaran
A.Velusamy
Sanjeev Banerjee
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
