1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.2208 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Arulmighu Valagurunathaswamy Temple and Angalaparameswari Temple Kurandi Virudhunagar District, through its Thakkar : Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Chief Educational Officer, Virudhunagar. 3.The Headmaster, Government High School, Kurandi, Aruppukkottai Taluk, Virudhunagar District. 4.The Superintending Engineer, Public Works Department, Building Construction & Maintenances, Tuticorin. 5.S.Easwaramoorthy : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records pertaining to the order of the fourth respondent in t2 Bfh 16- 2/2010/92, dated 09.04.2010 and quash the impugned order. For Petitioner : Mr.S.Manohar For Respondents 1to4 : Mr.K.A.Nandagopan Additional Government Pleader ORDER The petitioner challenges the proceedings dated 09.04.2010 on the file of the fourth respondent, whereby and whereunder the said respondent directed the fifth respondent to complete the construction of an educational institution in the property in R.S.Nos.80/8 and 81/2 in Kurandi Village in the district of Virudhunagar stated to be owned by Arulmighu Valagurunathaswamy and Angalaparameswari Temple at Kurandi. 2. The petitioner is the Thakkar of the temple having appointed as per proceedings dated 26.07.2006. The petitioner is in management of the said temple. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The property in R.S.Nos.80/8 and 81/2 having an extent of 0.53.5 acres and 2.13.5 acres in Kurandi Village absolutely belongs to the temple. Since the documents were executed by certain persons, claiming the property to be their private property, the petitioner filed a suit in O.S.No.146 of 2010 before the learned District Judge, Srivilliputtur praying for declaration and consequential damages and the said suit is still pending. 4. While the matters stood thus, the fourth respondent, as per the impugned proceedings directed the fifth respondent to complete the construction of an educational institution in the subject property. This made the petitioner to file the Writ Petition. 5. I have heard the learned counsel for the petitioner. 6. The only challenge to the impugned order is on account of the alleged right claimed by the petitioner. According to the petitioner, he has already filed a civil suit in O.S.No.146 of 2010 and during the pendency of the said suit, it was not open to the fourth respondent to direct the fifth respondent to construct a building in the subject property. Since the suit for declaration is pending before the civil Court, nothing prevented the petitioner from approaching the civil Court with an application for interlocutory injunction restraining the fifth respondent from putting up any building in the suit property. The petitioner cannot be permitted to approach two forums simultaneously. The matter requires evidence. Therefore, the best course open to the petitioner is only to approach the civil Court. 7. In the upshot, I dismiss the Writ Petition with liberty to the petitioner to approach the appropriate civil Court. Consequently, the connected miscellaneous petitions are also dismissed. No costs. SML Sd/- Deputy Registrar[LA] /True copy/ To Assistant Registrar 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Chief Educational Officer, Virudhunagar. 3.The Headmaster, Government High School, Kurandi, Aruppukkottai Taluk, Virudhunagar District. 4.The Superintending Engineer, Public Works Department, Building Construction & Maintenances, Tuticorin. +1 cc to M/s.S.Manohar, Advocate SR.No.10430. Order made in W.P.(MD)No.2208 of 2011 Dated:25.02.2011 2P/6C RPB 15.03.2011 https://hcservices.ecourts.gov.in/hcservices/