T.Vinil Kumar, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE P.DHANABAL and W.M.P.(MD)Nos.18085 & 21435 of 2018 T.Vinil Kumar ... Petitioner Vs.

1.The Principal Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The Superintendent of Police, Kanyakumari District, Nagercoil.

4.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

5.The Lord Krishnan and Pathakali Amman Temples, Rep. by its Administrator, Theragaveli Madam, Aramannam, Kalkulam Taluk, Kanyakumari District. .. 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 protect, secure and recover the temple lands in old survey No.109, new survey no. 126/1B and 126/2B to an extent of 1 acre 85 cents with the Krishnan Temple and Pathrakali Amman Temple situated at Thumbakkode Village, Kalkulam taluk, Kanyakumari District based on the orders passed by this Honourable Court in WP(MD)No.14428 of 2017 dated 12.02.2018. For Petitioner : M/s.Ananthi C.Rajesh For Respondents : Mr.N.Satheesh Kumar, Addl. Govt. Pleader for R1, R2 & R4 Mr.E.Antonysahaya Prabahar, Addl. Public Prosecutor.

ORDER

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The Writ Petition is filed seeking directions to protect, secure and recover the temple lands in old survey No.109, new survey No.126/1B and 126/2B.

2. We have heard the learned counsel for the petitioner.

3. The persons, who allegedly have encroached upon the said property, are not parties to the Writ Petition.

4. Impleading application is filed herein in W.M.P.(MD)No.21435 of 2018. The said applicant has filed a civil suit against the present petitioner and obtained an order of injunction against him and thereafter, the present Writ Petition has been filed by the petitioner.

5. This Writ Petition appears to be a result of a personal grievance and not public interest litigation. The personal grievance cannot be settled in a PIL. The temple is represented by the Administrator. It is for the temple to take steps in case the temple property is encroached.

6. This Writ Petition is accordingly, dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.V.G., CJ.) (P.D.B., J.) 29.02.2024 NCC :Yes/No Index : Yes/No vsm

To:

1.The Principal Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The Superintendent of Police, Kanyakumari District, Nagercoil.

4.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

5.The Administrator, Lord Krishnan and Pathakali Amman Temples, Theragaveli Madam, Aramannam, Kalkulam Taluk, Kanyakumari District.

THE HON'BLE CHIEF JUSTICE and P.DHANABAL, J.

vsm W.P.(MD)No.20323 of 2018 29.02.2024