The court emphasized the necessity of civil remedies while affirming its decision not to interfere with eviction orders under the HR and CE Act.

COMMON ORDER

The petitioners are in occupation of the lands in Survey No. 577/1 to an extent of 1327 sqft, Survey Nos. 577/1, 577/2, 577/3 and 578 to an extent of 3600 sqft, Survey Nos. 577/1, 577/2, 577/3 and 578 to an extent of 1800 sq.ft and Survey No.577/1 to an extent of 1860 sqft of the Aathur Village, Manmangalam Taluk, Karur District. They have filed these writ petitions challenging the eviction notices dated 26.08.2025 and 28.08.2025 issued by the 3^rd respondent / Assistant Commissioner, pursuant to the order of the 2^nd respondent /Joint Commissioner, dated 06.05.2025 passed under Section 78 of the HR and CE Act.

2.The learned counsel for the petitioners submits that the 3^rd respondent has issued notice for eviction pursuant to the orders passed by the Joint Commissioner under Section 78 of the HR and CE Act vide proceedings dated 06.05.2025. According to him the claim of the temple is that the subject land is registered in the Inam Fair Register dated 24.03.1863 in the name of the temple and it is a service inam land in the name of the temple and service holders. However, the petitioners claim that prior owners have paid sasthik tax to the Tamil Nadu Government and the petitioners have purchased the lands vide registered sale deeds.

3.He further submits that based on the order dated 14.03.2025 passed by this court in WP(MD)No.6582 of 2025, they have filed the suits under Section 79(2) of the HR and CE Act in OS Nos.307 and 308 of 2025 before the Principal District Court, Karur, for a declaration that they are the absolute owners of the property and the same are pending. Since the civil court is seized of the matter, the eviction notices cannot be sustained and are liable to be set aside.

4.The learned Special Government Pleader appearing for the 3^rd respondent by referring to the counter affidavit filed by the Assistant Commissioner, HR and CE Department submits that the petitioners have occupied the property in S.No.577 to an extent of 26,157 sq. ft by putting up a construction and are running a mill on the land. Pursuant to the orders of this Court in WP(MD)No.64 of 2018, dated 23.10.2019, the Joint Commissioner has determined that the property belongs to the Arulmigu Balasubramaniya Swamy Temple, Karur and has passed orders, under Section 78 of the HR and CE Act. Therefore the eviction notices rd dated 26.08.2025 and 28.08.2025 were issued by the 3 respondent. The petitioners have filed OS.Nos.307 and 308 of 2025 before the Principal District Court, Karur under Section 79(2) of the HR and CE Act, challenging the eviction orders and no interim order has been granted by the civil court. Therefore the impugned notices need not be set aside and the writ petitions are liable to be dismissed.

5.This Court has considered the rival submissions made and perused the materials placed on record.

6.The Arulmigu Balasubramany Swami Temple, Vennimalai, Karur is maintained by a Trustee and an Executive Officer. Due to their mismanagement, the lands belonging to the temple to an extent of 507 Acres in the midst of Karur city worth about several 1000 crores are under encroachment. The HR and CE Department as well as the Trustee have not taken any steps to restore these properties. Therefore, a devotee approached this Court by way of a public interest litigation wherein this Court passed an order in WP(MD)No.64 of 2018, dated 23.10.2019 directing the HR and CE Department to restore the temple properties by initiating appropriate action. The orders of this court have not been implemented and therefore, the devotee has filed a contempt application in Cont.P(MD)No.371 of 2024 and the same is pending before this court.

7.The main contention of the petitioners is