1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.9136 of 2011 and M.P.(MD).No.1 of 2011 P.Sadasivam Nair ... Petitioner Vs. 1.The District Collector, Kaniyakumari District, Nagercoil. 2.The District Superintendent of Police, Nagercoil, Kaniyakumari District. 3.The Joint Commissioner, HR &CE Department, Tirunelveli. 4.R.Manmadhan 5.N.P.Ajaykumar 6,J,Rajasekaran Nayar 7.P.Velappan Nayar ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to forbear the respondents 1 to 3 herein from permitting the respondents 4 to 7 herein from putting up temple construction in the name of Badrakali Amman Temple in R.S.Nos.87/12, 241/8, 242/7, 218/9, 216/10, 242/8, Mangalam Desam, Kalkulam Taluk, Thiruvettar, Kanniyakumari District, till the proceedings on the file of the Collector, dated 20.12.2010, is completed. For petitioner .. Mr.D.Rajagopal For respondents 1 to 3 .. Mr.R.Anandha Raj, Government Advocate ORDER The relief of mandamus sought for, forbearing the respondents 1 to 3 herein from permitting the respondents 4 to 7 herein in putting up temple construction in the name of Badrakali Amman Temple in R.S.Nos.87/12, 241/8, 242/7, 218/9, 216/10, 242/8, Mangalam Desam, Kalkulam Taluk, Thiruvettar, Kanniyakumari District, till the proceedings on the file of the Collector, dated 20.12.2010, is completed, cannot be granted on mere averments made in the supporting affidavit. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Pleadings disclose that as regards the right of management and administration of the temple and its properties, a suit in O.S.No.121 of 2004 has been filed before the learned District Munsif Court, Padmanabhapuram, for declaration and permanent injunction, and that the same was also the subject matter in Second Appeal No.305 of 2004, before this Court. While dismissing the second appeal, this Court, by order dated 02.12.2010, has granted liberty to the appellants therein to approach the authorities under the Tamil Nadu Hindu Religious and Charitable Endowments Act, to get a declaration that the temple is a private temple. According to the petitioner, the representation received by the District Collector has been forwarded to the HR & CE Department and as a follow up action, the Inspector of HR & CE Department, has enquired into the matter and that the matter is still pending. Even assuming that the representation is yet to be disposed of, the relief sought for against the respondents 1 to 3 cannot be granted by this Court, as it requires analysis of oral and documentary evidence, by the Court of competent jurisdiction. If the petitioner is able to substantiate the claim, before the competent authorities or the Civil Court, as the case may be, then he can seek for appropriate interim orders, which has to be decided only after analysis of evidence. Writ Courts cannot be converted to adjudicate the civil disputes and record any findings regarding possession and title, and consequently, the prayer of mandamus is not maintainable. Hence, the writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Kaniyakumari District, Nagercoil. 2. The District Superintendent of Police, Nagercoil, Kaniyakumari District. 3. The Joint Commissioner, HR &CE Department, Tirunelveli. + 1 cc to M/s.D.Rajagopal, Advocate, SR No.27831 + 1 cc to The Special Government Pleader, SR No.27902 W.P.(MD) No.9136 of 2011 16.08.2011 gcg RJ/29.8.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/