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2005 Supreme(Mad) 251

K.P.SIVASUBRAMANIAM
His Holiness Sri Kanchi Kamakoti – Appellant
Versus
The State of Tamil Nadu & Others – Respondent


Advocates Appeared: For The Appellant:T.R. Rajagopalan, Advocate, K.Chandrasekaran, Senior Advocate. For The Respondents:R1 & R3, K.Doraisami, Public Prosecutor, R2, A.L.Somayaji, Addl. Advocate General, Assisted by Mr.S.Venkatesh, Special Government Pleader & G.Sukumaran, Special Govt. Pleader, HR & CE.

Judgment :-

By consent of both parties, the writ petition itself is taken up for hearing.

2. This writ petition has been filed by the Senior Pontiff of Sri Sankaracharya Swamigal Srimatam Samasthanam, represented by its Manager. The petitioner has prayed for a writ of Mandamus to forbear respondents-1 to 3 from interfering with the right of the petitioner to manage and administer its affairs, property, including the bank accounts, in various banks held in its name and in the names of the various endowments connected with it.

3. In the affidavit filed in support of the writ petition, after referring to the advent of Sree Adi Sankara and his preachings, it is stated that Adi Sankara was intimately associated with Kanchi and he established the Mutt for his residence during his last years and also nominated a young boy as his successor. Sree Sankara Mutt, established by Sree Adi Sankara at Kancheepuram, is an organisation built around Advaita Philosophy for its propagation and that the Mutt has a definite name and is a religious denomination within the meaning of Article 26 of the Constitution. The petitioner is, therefore, entitled to administer and manage its affairs and property witho



















































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