A writ petition under Article 226 is not maintainable when a civil suit involving the same subject matter and parties is already pending, particularly concerning land title and eviction disputes from government land.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.05.2026 CORAM THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD)No.14233 of 2026 and WMP(MD)No.10655 of 2026 N.Senthilkumar ... Petitioner Vs.

1. The District Collector, Dindigul District.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Dindigul, Dindigul District.

3. The Assistant Engineer, Highways Department, Dindigul District. ...Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent vide Na.Ka.No.Aakiramippu/31678/2026/Ne/Oo/dated 11.05.2026 and quash the same as illegal and arbitrary and consequently to direct the 3rd respondent not to evict the temple in survey number 243 extent of 14 cents and to direct the 2nd respondent to appoint the petitioner as the temple trustee of the Arulmigu Jambudurai Kannimar Thirukovil, Devalakarpatti, Narasingapuram, A.Vellodu Village, Dindigul District and allow to perform poojas in customary rights and any other benefits in favour of the temple within time frame that may be stipulated by this court.

For Petitioner : Mr.V.Palanichamy For Respondents : Mr.R.Gandhiraj Special Government Pleader

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.

The writ petition is filed challenging the impugned order dated

12/05/2026 and to consequently direct the respondents not to evict the temple in Survey No.243 of an extent of 14 cents and to direct the second respondent to appoint the petitioner as the Trustee of Arulmigu Jambudurai Kannimar Thirukovil, Devalakarpatti, Narasingapuram, A.Vellodu Village, Dindigul District.

2. The learned counsel for the petitioner would submit that earlier, the HR & CE authorities conducted a field enquiry. Upon enquiry, it came to be known that the land in question actually belonged to the temple. The HR & CE department itself has made a claim before the revenue authorities that the land belongs to the temple. Without heeding to the said request, now the order of eviction is passed as if the temple is situated in government interest land. As a matter of fact, the temple is in existence from time immemorial and belongs to the village people and is also under the control of the HR & CE department. Without changing the Patta and appointing any one including the petitioner as the Trustee for administering the temple, now the order of eviction is passed and therefore, the petitioner is before this court. The learned counsel would also submit that already a suit in O.S.No.3 of 2026 is filed before the Principal District Munsif Court, Dindigul.

3. Per contra, the learned Special Government Pleader taking notice on behalf of the respondents would submit that pursuant to the request made by the HR & CE authorities, the Revenue Divisional Officer conducted a detailed enquiry and has already passed an order on 15.05.2026, holding that the land in question is only a Government poramboke land with an endorsement 'square well', 'Panchayat Union road' and does not belong to the temple. Therefore, the eviction order has been passed in the manner known to law.

4. As a matter of fact, earlier when the petitioner came up with similar relief, this court directed to consider the representation and the representation is now disposed of by the impugned order and challenging the same, the present writ petition is filed.

5. We have considered the rival submissions made on either side and perused the material records of the case.

6. The petitioner hims