T.N.SINGARAVELU
His Holiness Sri-La-Sri Ambalavana Pandara Sannathi Avergal – Appellant
Versus
State of Tamil Nadu, Represented By The Secretary And Commissioner To Government, Department of Commercial Taxes And Religious Endowments – Respondent
T.N. Singaravelu, J.
1. This is an appeal against the order of the learned single Judge dismissing W.P. No. 4682 of 1980 filed by the appellant, who is the Pandara Sannathi and Adeena-karthar of Thiruvavaduthurai Adheenam in Thanjavur District. The Head of Tiruvavaduthurai Mutt, hereinafter referred to as the "Head of the Mutt", filed two writ petitions, W.P. No. 4682 of 1980 for a writ of prohibition and, W.P. No. 4683 of 1980 for quashing the impugned notice against the State Government represented by the Secretary and Commissioner to Government for Religious Endowment, first respondent herein. The appellant is the Pandara Sannathi and Adheenawartha of the Mutt, which is a well known Saivite Religious Institution, recognised as a religious institution entitled to protection guaranteed under Article 26 of the Constitution of India. He has stated that as the religious Head and Preceptor he has an absolute right and freedom to initiate, disciples, who are called "Thambirans", under him and to nominate any one of them as his successor in accordance with the usage and custom of the institution and that the said power of nomination of his Junior is a personal right and part and
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