JUDGMENT : S. Tamilvanan, J. 1. The Writ petition has been filed invoking under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, directing the respondents 1 to 6 to take steps to open the Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil, situate in T.S.No.2421, south bank of Ponni river (Kollidam), Srirangam, Trichy District for public dharsan and for performing Nithya poojas and other Urchavams, within the time stipulated by this Court. 2. Heard the petitioner, who appeared party in person, learned Special Government Pleader appearing for respondents 3, 5 and 6, learned counsel appearing for respondents 7 to 10 and also the learned counsel appearing for the 11th respondent. 3. The petitioner has stated that he is the President of International Sri Vaishnava Dharma Samrakshana Society and managing its affairs. He has further stated that birth of Shri Manavala Mamunihal had taken place at Sikkilkidaram (near Alwar Thirunagari) by 1370 in the month of “Ippasi” in Moola Nakshatra, as the second birth of 'Sri Ramanuja', who lived in the 10th century. The petitioner (party in person) submitted that the Hindu Religious and Charitable Endowment Department has not taken proper steps by considering the sentiments of the worshipers, in maintaining Thiruvarasu (samathi), Manavala Mamunihal, who has been recognized as one of the Acharyas and also head of south set Vaishnavas in the country. 4. When the matter was taken up for hearing, it was submitted by the learned Special Government Pleader that there were suits in O.S.Nos.260 and 473 of 2006 filed by the third parties and the same are pending before the Sub Court, Trichy. It is also brought to the notice of this Court that the said suits were filed by the respondents 7 to10 and 11 subsequently, added as parties, claiming them as cultivating tenants. In the said suits, an interlocutory application in I.A.No.499 of 2006 had been filed seeking an order to grant an order of interim injunction and accordingly, an order of interim injunction was also granted in favour of the alleged tenants, who are the respondents 7 to 10 and 11 herein and the same was also made absolute on 09.01.2007. In the said suits, an interlocutory application in I.A.No.499 of 2006 had been filed seeking an order to grant an order of interim injunction and accordingly, an order of interim injunction was also granted in favour of the alleged tenants, who are the respondents 7 to 10 and 11 herein and the same was also made absolute on 09.01.2007. The claim of the respondents 10 and 11 is that they are cultivating tenants of the property under one Annamalai Chettiar, however, Hindu Religious and Charitable Endowment Department is claiming right to the same. Aggrieved by the order of interim injunction, Hindu Religious and Charitable Endowment Department filed Civil Miscellaneous Appeal in C.M.A.No.36 of 2007 and the same was dismissed by the District Court, Trichy. 5. Having considered the material papers available on record, we are of the considered view that the right claimed by the respondents as cultivating tenants to the property under the said Annamalai Chettiar is yet to be decided by the Civil Court as per procedure known to law. In the Writ petition, we have to consider only the right of worship claimed by the petitioner for him and other devotees. In order to bring the reality before this Court, an Advocate Commissioner was appointed in respect of the property with the help of Taluk Surveyor and filed his report and sketch. Learned Advocate Commissioner after inspecting the property with the Surveyor, filed his report along with a sketch that was prepared by the Surveyor, who accompanied the Advocate Commissioner. Measurement of the property was taken by him with the help of field measurement book. Learned Advocate Commissioner has also produced photos taken at the disputed property, which shows, a building, super structure having Thenkelai Naamam “symbol of south set Vaishnavas” to show that there is a worship place as stated by the petitioner. 6. As per the sketch produced, it is seen that on the North of the disputed property in Survey No.2421, there are other lands bearing Survey Nos.2422/1, 2423/2, 2423 and 2424. In between Survey Nos.2423 and 2424 there is a pathway, which has been shown in green colour by the Surveyor. Admittedly, the said pathway is used by the Vaishnava devotees to reach Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil. In between Survey Nos.2423 and 2424 there is a pathway, which has been shown in green colour by the Surveyor. Admittedly, the said pathway is used by the Vaishnava devotees to reach Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil. It is shown in the sketch that Panchakarai Salai as a road bearing Survey No.2427A is on the North and on the South there is one Channel running through Survey No.240B. 7. The petitioner (party in person) submitted that the entire land in Survey No.2421 an extent of 1 acre, is the worship place of Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil. However, the said claim of the petitioner / party in person, was not accepted by the learned counsel appearing for the respondents 7 to 11 and according to them it was only a private land and not belong to Annamalai Chettiar and not the property of Hindu Religious and Charitable Endowment Department. However, it is an admitted fact by both parties that there is a worship place in Survey No.2421 with the super structure for which, there is a pathway on the North from Panchakarai Salai a mud road. As per the Advocate Commissioner's report and the sketch, there was no cultivation in the disputed land in Survey No.2421 as found by the Advocate Commissioner. 8. The suits are yet to be decided by the competent Civil Court in the manner known to law. However, in the Writ petition we have to consider the rights of the petitioner and other worshipers to reach the Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil to exercise their right of worship. Based on the evidence available and also on the admitted fact of the existence of the super structure, we find it just and reasonable to decide that the petitioner and others are entitled to worship Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil, which are situate in Survey No.2421, by using the pathway shown in green colour in the sketch. For the sake of convenience, the Advocate Commissioner's report is marked as Ex.C1 and the sketch is marked as Ex.C2 in this Writ petition. For the sake of convenience, the Advocate Commissioner's report is marked as Ex.C1 and the sketch is marked as Ex.C2 in this Writ petition. It is an admitted fact that the said Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil are under the control of the Joint Commissioner, Sri Renganathar Thirukkovil Devasthanam, third respondent herein. 9. Having considered the pendency of the suits, the parties are restrained by putting up any further construction. However, the third respondent is permitted to renovate and perform colour wash in the existing structure and the worshipers are entitled to use the green marked portion in Ex.C2, which is extended upto the Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil and in respect of the other portion of the land said to be vacant as per Ex.C1 report shall be decided by the Civil Court in the pending suits. India being a secular country, all religious people are entitled to have their right of worship including Hindus that cannot be disputed, such fundamental right has been guaranteed under Articles 25 and 26 of the Constitution of India. 10. Having considered the submission made by the petitioner (party in person) and the Commissioner's report, and sketch and the materials on record, we are of the view that the petitioner has made out a case to seek right of worship of Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil and got interim order to that extend. 11. In the result, without prejudice to the claim of both the parties, the petitioner and others having faith are permitted to worship Shri Manavala Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil situate at Survey No.2421, which is under the control and supervision of the third respondent and the third respondent is also permitted to carry out renovation work without making any further construction until further orders. The Commissioner's report marked as Ex.C1 and the Sketch marked as Ex.C2 shall form part of this order. 12. Having considered the facts and circumstances, the Sub Court, Trichy is directed to dispose of the suits in O.S.Nos.260 and 473 of 2006 in accordance with law within a period of three months from the date of receipt of a copy of this order, uninfluenced with the findings in this Court, if any. 13. The Writ petition is disposed of accordingly. No costs. 13. The Writ petition is disposed of accordingly. No costs. Consequently, connected M.P. is closed.