Ab Venugopal Chettiar Vs the Commissioner

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records relating to the fourth respondent in his proceedings Na.Ka.No.550/2024 dated 26.12.2024 by

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same.

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W.P.No.9315 of 2025

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directing the petitioner temple to pay arrears upto fasli 1434 and quash the same.

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For Petitioner : Mr.M.Muthappan For R1 to R4 : Mr.N.R.R.Arun Natarajan Special Government Pleader

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ORDER

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This writ petition is filed for a certiorari calling for the records relating

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to the fourth respondent in his proceedings Na.Ka.No.550/2024 dated 26.12.2024, by directing the petitioner temple to pay arrears up to Fasli 1434 and to quash the same.

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By the impugned order, the arrears of audit and contribution charges are sought.

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3.The grievance of the petitioner is that the petitioner has already filed a suit in O.S. No. 215 of 2024 on the file of the District Munsif, Salem, to declare that the petitioner's temple is a denominated temple. Once the petitioner's temple is declared as such, then the temple will be entitled to the benefits under Section 105 and 106 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Therefore, the petitioner submits that it is not fair on the part of the respondents to seek the arrears.

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I have considered the said contention made by the learned counsel appearing on behalf of the petitioner.

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It is seen that earlier, the petitioner had approached the respondents for framing the scheme, etc. In view thereof, unless the petitioner establish before the Civil Court that they are a denominated temple, the status as such cannot be claimed as of now. In any event, since the petitioner has filed the civil suit claiming that it is a denominated temple and as on date, there is no interim order in favor of the petitioner, the jurisdiction of this Court under Article 226 cannot be invoked for the purpose of obtaining an interim order pending the decision of the Civil Court. Therefore, it is open for the petitioner to move the very same Civil Court for any interim relief regarding the nonpayment of the charges demanded. This writ petition cannot be entertained and is disposed of with liberty preserved to the petitioner. Consequently, connected miscellaneous petition is closed. No costs.

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18.03.2025

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Neutral Citation: Yes/No nsl

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W.P.No.9315 of 2025

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To