The court directed the HR & CE Department to identify legitimate claimants of a religious institution's management, emphasizing the importance of historical context and legislative amendments.

JUDGMENT :

R. Suresh Kumar, J.

(Prayers: Writ Appeal filed under Clause 15 of the LETTERS PATENT , to set aside the order made in W.P.No.19776 of 2018 dated 02.08.2018. Writ Appeal filed under Clause 15 of the LETTERS PATENT , to set aside the order, dated 14.9.2018 made in W.P.No.14205 of 2018 by this Court and thereby dismiss the Writ Petition. Petition filed under Clause 15 of LETTERS PATENT r/w Section 151 CPC, to grant leave to the petitioner / appellant to file the present Writ Appeal against Judgment, dated 14.09.2018 in W.P.No.14205 of 2018. Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a writ of mandamus directing the respondents 1 to 3, to administer and manage the institution of Pamban Swamigal known as Arulmigu Pamban Kumaraguru Dasar Temple alias Arulmigu Mayuranathar Thirukovil at Mayurapuram as religious institution and as Temple under the provisions of the Hindu Religious & Charitable Endowment Act as amended.)

1. Since two Appeals arise out of a common order passed by the writ court, dated 14.09.2018 made in W.P.No.14205 of 2018, one writ appeal against the order, dated 02.08.2018 made in W.P.No.19776 of 2018 and one writ petition and one miscellaneous petition at sr stage in the writ appeal tagged along with these batch also relates to the same issue, all these cases were heard together and are disposed of by this common order.

2. Factual background:

2.1. There was a Saint called Kumara Gurudasar Swamigal of Pamban popularly known as "Pamban Swamigal", was living in Chennai in the early years of 20th century. He was an inspired bhaktha of Lord Muruga and he had developed or contributed a celebration to worship Lord Muruga during his life time. He has composed more than 6000 compositions on Lord Muruga. During his life time, he was having lot of followers and devotees.

2.2. Towards the end of his life, the Swamigal thought of executing a Will, therefore on 17.07.1926 he has written a Will. The Will pertains to how the immovable properties acquired by him including the cash deposit in the Fixed Deposits are to be maintained and how the poojas on Lord Muruga, otherwise called as Mayura Vagana Seva, in short to be called as Seva to be performed after his demise has been mainly stated. Swamiji has also constituted a committee consisting of 21 members for the aforestated purpose. The committee was called as Sabha, in other words it was called as Maha Thejo Mandalam. In Schedule A of the said Will, the names of the 21 members of the sabha had been mentioned by Swamiji, in schedule B of the Will, what are all the movable items available had been listed out and also what are all the items which form part of Mayura Vahana Sevanam also had been written. The said Will was registered on the same day at the concerned Registrar Office.

2.3. Though the said Will had been written by Swamiji on 17.07.1926, after a year, i.e., on 19.12.1927, the Swamiji had written a Codicil as a supplement to the Will, where he had stated that, the sabha known as Maha Thejo Mandalam mentioned in that Will has been established by him and he had enlisted 21 members as members of the Sabha, now as some of them did not appear to conduct themselves agreeable to his views, he removed them and admitted some others devoted to God Kumara Bhagavan (Lord Muruga) and himself and establish that sabha with some appropriate instructions.

2.4. Accordingly, the Swamiji's constituted Sabha would consisting of 17 perso