WP No. 31932 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 31932 of 2025 1. N.Eswara Gowder S/o.Nanjunda Gowder Petitioner(s) Vs 1. The Commissioner Hindu Religious And Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034. 2.The Joint Commissioner Hindu Religious And Charitable Endowments Department, Commercials Tax Office Complex, Dr.Balasundaram Road, Coimbatore- 641 018. 3.The Executive Officer Arulmigu Hanumantharayar Temple, Idugampalayam-641 302, Coimbatore District. 4.The District Collector https://www.mhc.tn.gov.in/judis WP No. 31932 of 2025 Coimbatore, State Bank Rd, Coimbatore-641 018. 5.The Tahsildar Mettupalayam, Mettupalayam, Coimbatore-641 301. 6.The President Illupanatham Village Panchayat, Mettupalayam Taluk, Coimbatore-641 301. Respondent(s) PRAYER Directing the 3rd respondent to not install any kind of fencing in front of the petitioner lands in S.F. No.611/2E of Indugampalayam Hamlet, Illupanatham Village, Mettupalayam Taluk, Coimbatore District. For Petitioner(s): Mr.P.A.Sai Govindaraja For Respondent: Mr.K.Karthikeyan Government Advocate for R1-3 Mr.T.M.Rajangam Government Advocate for R4-6 ORDER This writ petition has been filed for the issue of a writ of mandamus directing the 3 rd respondent not to install any fencing in the land belonging to the petitioner. 2. Heard Mr.P.A.Sai Govindaraja, the learned counsel for the petitioner and Mr.K.Karthikeyan, the learned Government Advocate for the 1 st to 3 rd https://www.mhc.tn.gov.in/judis WP No. 31932 of 2025 respondents and Mr.T.M.Rajangam, the learned Government Advocate for the 4 th to 6 th respondents. 3. When the matter was taken up for hearing today, the written instructions of the 3 rd respondent was placed before this Court. It is seen that this dispute has been going on from the year 2014 onwards. Thereafter, a suit was filed in O.S.No.150 of 1974 before the District Munsif, Mettupalayam to restrain the temple from installing fencing in front of the lands. This suit is pending. The suit was filed in representative capacity, but however, it can be seen that there is a dispute with the fencing installed by the temple. Therefore, the petitioner ought to have prosecuted the suit where the Court could have decided the substantial right between the parties. By keeping the suit pending, the petitioner has now rushed to this Court by filing the writ petition, on the ground that even this time of the year, the 3 rd respondent is attempting to install fencing in front of the petitioner's property. 4. When the substantial suit is pending before the Court, the cause of action that has now arisen for filing the present writ petition is not a fresh cause of action and it is only a continuing cause of action from the year 2014 onwards. Therefore, the petitioner has to necessarily workout his remedy only before the competent Court where the suit is pending. 5. In the light of the above discussions, liberty is granted to the petitioner https://www.mhc.tn.gov.in/judis WP No. 31932 of 2025 to workout the remedy in the pending suit and in any event, the District Munsif, Mettupalayam is directed to dispose of the suit in O.S.No.150 of 2014 on its own merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. 6. This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 21-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 31932 of 2025 To 1.The Commissioner Hindu Religious And Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034. 2.The Joint Commissioner Hindu Religious And Charitable Endowments Department, Commercials Tax Office Complex, Dr.Balasundaram Road, Coimbatore- 641 018. 3.The Executive Officer Arulmigu Hanumantharayar Temple, Idugampalayam-641 302, Coimbatore District. 4.The District Collector Coimbatore, State Bank Rd, Coimbatore-641 018. 5.The Tahsildar Mettupalayam, Mettupalayam, Coimbatore-641 301. 6.The President Illupanatham Village Panchayat, Mettupalayam Taluk, Coimbatore-641 301. https://www.mhc.tn.gov.in/judis WP No. 31932 of 2025 N.ANAND VENKATESH J. gd WP No. 31932 of 2025 21-08-2025 https://www.mhc.tn.gov.in/judis