The High Court may decline to issue a writ of mandamus for the restoration of a temple structure where the physical existence of the temple has ceased, even if the land remains recorded as temple property in revenue records.

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed as Public Interest Litigation alleging that the respondents are occupying the Temple situated in Survey No.195/7 to an extent of 30 cents and seeks to restore the said temple.

2.The contention of the petitioner is that the temple, namely Samy Eswarar Temple is situated in Survey No.195/7 (Old survey No. 195). It is the vehement contention of the petitioner that the said temple as well as the Idol kept in the temple were not properly maintained and after demolishing the temple, the private respondents have encroached the said temple lands illegally with an intention to grab the lands of the temple. Since the representation submitted by the petitioner in this regard has not been considered, the petitioner has filed the present writ petition.

3.The learned Counsel appearing for the tenth respondent/temple, on instructions, submitted that the subject property is the temple property and is in control of the Temple. Further, they leased out the property for the purpose of generating revenue to utilise the same for the development of the temple in question.

4.The learned Additional Government Pleader appearing for the official respondents, on instructions, submitted that though the temple is shown in the old village map and revenue records, with the passage of time the temple is no longer in existence physically, and the property continues to vest with the temple.

5.Heard the learned counsel appearing on either side and perused the materials placed on record.

6.Admittedly, the subject property is presently under control of the temple. In such view of the matter and also considering the fact that the temple is no longer in existence, this Court is not inclined to issue a direction to restore the temple merely on the basis of old revenue records or village maps.

7.In the result, this writ petition is disposed of. There shall be no order as to costs.