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2023 Supreme(Mad) 1843

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
S. Bagavathimuthu – Appellant
Versus
State of Tamilnadu, through its Secretary to Government, Hindu Religious & Charitable Endowments Dept. , Chennai – Respondent


Advocates appeared:
For the Petitioners:V. Srikanth, Advocate. For the Respondents:R1 to R4, R. Shunmugasundaram, Advocate General assisted by N.R.R. Arun Natarajan, Spl. G.P. (HE & CE).

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the scheme dated 20.01.1979 in O.A.No.1 of 1978 framed by the second respondent to the Thondaimandal Adheena Mutt as unconstitutional and violative of Article 25 and 26 of the Indian Constitution and Section 107 of the HR & CE Act.)

Sanjay V. Gangapurwala, CJ.

Satisfied with the reasons stated in the affidavit filed in support of W.M.P.(MD) No.7167 of 2023, this application to permit the petitioners to file the writ petition jointly is allowed.

2. We have heard Mr.V.Srikanth, learned counsel for the petitioners and Mr.R.Shunmugasundaram, learned Advocate-General for respondents 1 to 4.

3. The petitioners are assailing the scheme framed by the Commissioner, Hindu Religious and Charitable Endowments Department with regard to Thondaimandala Adheenam Mutt.

4. Learned counsel for the petitioners submits that the scheme framed in the year 1979 by the Commissioner, HR & CE, is against the tenets of the religious institution. The scheme framed, as it stands, gives enormous powers to the Advisory Committee, thereby making the Madathipathi subservient to the Advisory

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