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2012 Supreme(Mad) 4424
High Court of Judicature at Madras
R. BANUMATHI & R. SUBBIAH, JJ.
Ma. Gouthaman & Another
Versus
The State of Tamilnadu, rep. by its Secretary to Government, Hindu Religious, Charitable Endowments and Tamil Development Department & Others
Writ Petition Nos.12915 and 26567 of 2012 and W.P.(MD) No.8260 of 2012 and connected M.Ps.
Decided on : 31-10-2012
For the Petitioners:S. Ramesh, N.R. Chandran, Senior Counsel for R. Kannan, Advocates. For the Respondents:A. Navaneethakrishnan, Advocate General along with S. Kandaswamy, Spl. G.P. (HR & CE), G. Rajagopalan, Senior Advocate for M/s. Bala & Daisy, Inbadurai, Spl. G.P.
A Madathipathi being a religious head is doing service or charity of a public nature. A person who is discharging public duty is certainly amenable to the jurisdiction of this Court under Article 226.
Headnote:
Writ petitions challenging the appointment of Nithyanandha @ Rajasekar as 293rd Madhadhipathi of Madurai Adheenam, a world renowned Monastery spreading the cause of saivism. It is the common grievance of all the writ petitioners that 10th respondent, Swami Nithyanandha, who is running an Ashram at Karnataka State, viz., Bidathi Ashram, has nothing to do with the Saivaite Philosophy. Moreover, he is having criminal background and criminal cases are pending against him. By giving a go-bye to all cardinal principles, which the Madurai Adheenam is adopting for the past 1400 years by way of custom and usage, 9th respondent has appointed the 10th respondent as Junior Pontiff (Ilaya Sanneedhanam), which created humiliation and consternation among the followers of Saivism and also among the similarly placed Madhadhipathis of various Mutts.
Fact of the Case:
The present Maha Guru Sannidhanam -Sri-la-sri Arunagirinatha, Sri Gnanasampanta Desika Paramacharya Swamigal, who was Thambiran at Dharmapuri Muttcame to be nominated as Junior Pontiff on 27.05.1975 by the then 291st Madathipathi in accordance with the custom which has been followed for 1400 years. From the date of appointment, he is continuing as Guru Maha Sanneedhanam of Madurai Adeenam.
Finding of the Court:
The Court found that the appointment of the 10th respondent as Junior Pontiff was illegal and void ab initio. The Court held that the 9th respondent had no authority to appoint the 10th respondent as his successor, as the 10th respondent was not a member of the Madurai Adheenam Mutt. The Court also held that the 10th respondent was not qualified to be appointed as Junior Pontiff, as he did not have the necessary religious training and experience.
Issues: 1. Whether the appointment of the 10th respondent as Junior Pontiff was illegal and void ab initio? 2. Whether the 9th respondent had the authority to appoint the 10th respondent as his successor? 3. Whether the 10th respondent was qualified to be appointed as Junior Pontiff?
Ratio Decidendi: The Court held that the appointment of the 10th respondent as Junior Pontiff was illegal and void ab initio because: * The 9th respondent had no authority to appoint the 10th respondent as his successor, as the 10th respondent was not a member of the Madurai Adheenam Mutt. * The 10th respondent was not qualified to be appointed as Junior Pontiff, as he did not have the necessary religious training and experience.
Final Decision: The Court allowed the writ petitions and quashed the appointment of the 10th respondent as Junior Pontiff. The Court also directed the 9th respondent to appoint a new Junior Pontiff in accordance with the custom and usage of the Madurai Adheenam Mutt.
R. BANUMATHI, J. and R. SUBBIAH, J.
Among these three writ petitions, W.P.No.12915 of 2012 has been filed by one Gowthaman, a practising Advocate and an ordained Saivaite follower, for a direction to the 1st and 2nd respondents to forbear the 4th respondent from acting as 293rd Guru Maha Sanneedhanam of the Madurai Adheenam, by holding his appointment as illegal, arbitrary and contrary to the provisions contained in Tamilnadu Hindu Religious and Charitable Endowments Act, 1959.
2. Other two writ petitions in W.P.Nos.8260 and 26567 of 2012 have been filed by one Jagathalapradapan, who is the Secretary of 'Meenakshi Pillaikal' (means the Children of Goddess Meenakshi) the Society involved in social and religious activities. W.P.(MD) No.8260 of 2012 has been filed for a direction to the respondents to consider his representation dated 13.06.2012 and also to direct the Assistant Commissioner of HR & CE Department, Madurai to take custody and protection of the endowment of the Madurai Adheenam Mutt and all the properties and other endowments attached to the Madurai Adheenam Mutt and administer the same in accordance with law.
3. W.P.No.26567 of 2012 has been filed to call for the records of the Assistant Commissioner, HR & CE Department, Madurai dated 20.06.2012 and quash the same and to declare that the appointment of the 10th respondent as successor to the 9th respondent on 27.04.2012 as illegal and void ab initio.
4. Since the issue involved in all the writ petitions is one and the same and the parties are also same, they are taken up together and are being disposed of by this common order.
5. For convenience, parties would be referred to as in their rank in W.P.No.8260 of 2012.
6. Brief facts, which are necessary to decide the issue involved in the writ petitions, culled out from all the writ petitions and also from the available materials, are as follows:
Firstly, it would be proper to refer some facts about the Madurai Adheenam Madurai Adheenam is a world renowned Monastery spreading the cause of Saivism. As per the events chronicled in various literatures, the Madurai Adheenam had its origin even prior to the 8th Century A.D. and has been in existence even during the Sangam Literature period. It came into prominence during the period of great Nayanmar Thirugnanasambandhar. According to literary records, a great debate between the scholars of Jainisam and Saivism in the Madurai Adheenam. Saint Thirugnanasambandhar succeeded in debate as against the Jain Scholars and it is only from this point of time, Madurai Adheenam began to gain greater prominence in social, religious as well as in the field of Literature. This Adheenam has been a guiding light for spreading of saivite philosophy for several centuries together. The movable and immovable properties of Adheenam are worth several thousands of crores. Apart from the movables in the form of jewels and cash reserves, other objects of antique value, including the temples that come under the control of the Adheenam.
7. After the enactment of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the control of Adheenam also came under the supervision of the 2nd respondent Hindu Religious and Charitable Endowments Department. The Adheenam is headed by a Guru Maha Saneedhanam, who is the Chief Administrator or Mahant in general parlance. He is the Administrative as well as the Financial Controller of the entire Adheenam wielding extraordinary powers and comes within the definition of the "Trustee" as defined under section 6(22) of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 (in brevity "the HR & CE Act"). Apart from being an Administrator, he is also the Trustee of the properties of the Adheenam, which have been preserved for more than 1400 years.
8. At this stage, it would be appropriate to refer salient features of Madurai Adheenam Mutt and its constitution. The Adheenakarthar, who is the head of the Adheenam, under him a body of Ascet
