The court emphasized that a public interest litigation should only be entertained when it discloses violation of the rights of the people and highlighted the responsibility of the Tamil Nadu Hindu Religious and Charitable Endowments Department to ensure proper use of temple lands.

INDIRA BANERJEE, J.

This writ petition has been filed by the petitioner alleging that his forefathers had donated 0.47 hectares of land to Venugopalasamy Krishnan Temple in Krishnagiri.

2. According to the petitioner, the hereditary priest of the temple used to cultivate the land and offer poojas to the deities for about 100 years. The land is now temple land under the control of the Tamil Nadu Hindu Religious and Charitable Endowments Department. According to the petitioner, there are numerous encroachers on the land many of whom do not even pay rent for buildings and shops constructed by them.

3. In the writ petition, the petitioner has sought orders on the respondent authorities to remove the encroachments, evict the respondent Nos.4 to 35, being encroachers, and to construct new shops and marriage halls at the temple premises.

4. It is not understood how the construction of new shops and marriage halls in temple premises can be of any public interest. The petitioner has stated that his forefathers donated land for the temple. No right in respect of the land is reserved for the petitioner or the members of his family.

5. A public interest litigation may be instituted by any public spirited citizen or group of citizens when any rights of the people in general or any disadvantaged class of people, who cannot fight for their own rights, is infringed. The affidavit in support of the writ petition does not disclose violation of any right of the people. It is not the case of the petitioner that pooja is not performed at the temple or that worshippers are not able to offer their prayers at the temple. So-called public interest litigations as this writ petition should not ordinarily be entertained.

6. At the same time, the Tamil Nadu Hindu Religious and Charitable Endowments Department should ensure that all temple lands are kept free from unauthorized encroachment and are properly used in the best interest of the temple and/or the deity.

7. Mr.M.Maharaja, learned Special Government Pleader appearing on behalf of the Tamil Nadu Hindu Religious and Charitable Endowments Department submits that documents have not been perfected in favour of the Tamil Nadu Hindu Religious and Charitable Endowments Department as yet by the Revenue Divisional Officer and the Tamil Nadu Hindu Religious and Charitable Endowments Department is, therefore, unable to take appropriate legal steps for removal of encroachers.

8. We do not express any opinion as to whether the encroachers should be evicted or whether their occupation should be regularized by execution of appropriate documents in accordance with law. It is for the Tamil Nadu Hindu Religious and Charitable Endowments Department to take such decision as it deems appropriate in accordance with law.

9. The Revenue Divisional Officer, Krishnagiri District is impleaded as respondent No.36. The Tamil Nadu Hindu Religious and Charitable Endowments Department shall take necessary steps for registration of the pattas in the name of Tamil Nadu Hindu Religious and Charitable Endowments Department, after which necessary steps shall be taken in accordance with law against all encroachers.

The writ petition is disposed of accordingly. No costs.