W.P.No.10875 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.03.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.10875 of 2025 and W.M.P.No.12266 of 2025 Govindaraj ... Petitioner Vs. 1.The Commissioner HR & CE Department Nungambakkam Chennai. 2.The Joint Commissioner Hindu Religious and Charitable Endowment Salem. 3.The Assistant Commissioner Hindu Religious and Charitable Endowment Salem. 4.The Executive Officer Arulmigu Prasanna Venkattaramana Swami Thirukoil Karuvalli, Chennathirupathy Kadayampatti Taluk Salem District. ....Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.10875 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceeding in Na.Ka.No.61/2024-5/E2/dated 28.06.2024 passed by the second respondent, quash the same and consequently, direct the respondents to follow the usual practice adopted by the villagers in keeping the deity and its jewels at the temple house located in patta land of petitioner. For Petitioner : Mr.M.Elango For Respondents : Mr.S.Ravichandran for R1 to R4 Additional Government Pleader (HR & CE) ORDER This Writ Petition is filed to call for the records with reference to the impugned order dated 28.06.2024 passed by the second respondent and consequently to direct the respondents to follow the usual practice adopted by the villagers in keeping the deity and its jewels in the temple house located in the patta land of the petitioner. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.10875 of 2025 2. The learned counsel for the petitioner drawing the attention of this Court to the report of the respondents dated 09.05.2024 would submit that the said report itself recognize the fact that customarily Urchavar Idol and the jewels in the temple were kept in the said private premises belonging to the petitioner only. Already there is an earlier Civil Court decree in O.S.No.238 of 1994, which had declared the plaintiff's maamool right and to get the first Thiruneeranar in respect of the suit temple. Even with reference to the respondent authorities, yet another suit is now filed in O.S.No.45 of 2024 on the file of the District Munsif, Omalur and the same is pending. It can be seen that when the respondent authorities earlier issued a notice on 31.01.2024, etc., to declare those notices as arbitrary and for a permanent injunction from interfering with the administration of the temple, already a suit is filed. 3. When the Civil Suit is filed claiming certain customary rights and remedies, it would be open for the petitioner to move for an interim protection pending the suit with reference to the keeping of idol also. The 3/6 https://www.mhc.tn.gov.in/judis W.P.No.10875 of 2025 Writ jurisdiction under Article 226 cannot be utilised by the parties to get interim order pending the Civil Suits. Therefore, keeping open the rights of the petitioner to approach the very same Civil Court before which the suit is pending, the Writ Petition stands disposed of. No costs. 26.03.2025 Neutral Citation : No dna To 1.The District Munsif, Omalur. 2.The Commissioner HR & CE Department Nungambakkam Chennai. 3.The Joint Commissioner Hindu Religious and Charitable Endowment Salem. 4.The Assistant Commissioner Hindu Religious and Charitable Endowment Salem. 5.The Executive Officer Arulmigu Prasanna Venkattaramana Swami Thirukoil Karuvalli, Chennathirupathy 4/6 https://www.mhc.tn.gov.in/judis W.P.No.10875 of 2025 Kadayampatti Taluk Salem District. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.10875 of 2025 D.BHARATHA CHAKRAVARTHY , J. dna W.P.No.10875 of 2025 and W.M.P.No.12266 of 2025 26.03.2025 6/6 https://www.mhc.tn.gov.in/judis