The court ruled that a religious Mutt's governance must prioritize the Head's powers, and an Executive Officer's indefinite appointment violates fundamental rights under Article 26 of the Constitution.

ORDER

1. Introduction:-

The Writ Petition is filed challenging the order passed by the 1^st respondent dismissing the application filed by the petitioner herein seeking cancellation of scheme framed for administration of petitioner-Mutt dated 31.05.1960 in O.A.No.1 of 1960 and to permit the petitioner to have and hold the entire administration of the Mutt both the spiritual and secular. The writ petition raises important question with regard to the power of the State to interfere with the secular affairs of religious institutions having constitutional protection under Article 26 of the Constitution of India and the time limit for such intervention.

2. Factual Background of the Case:-

2 (a) The petitioner is the 103^rd Head of the Mutt called Sengol Adheenam situated in the town of Perungulam, Tuticorin District. The Mutt has got a long history and its origin goes back to several centuries as seen from the fact the petitioner is the 103^rd in the line of succession to the Headship of the Mutt. According to the petitioner, the Mutt was originally established at Chidambaram and during the reign of 18^th Head, at the request of Pandya King, the location of the Mutt was shifted to present place at Perungulam. It is also stated that Pandya King used to receive mace from Head of Sengol Mutt at the time of their ascendance to the throne. It is also stated that the Mutt acquired its name 'Sengol Adheenam' due to said practice. It is also stated that the practice of receiving mace at the time of coronation continued during the period Nayakar Rulers.

2 (b) It is seen from the pleadings of the parties that during the reign of 101^st Head of the Mutt, there was mismanagement of the secular affairs of the Mutt like alienation of Mutt properties without proper sanction. Therefore, the 1^st respondent herein by exercising his power under Section 65 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959) (hereinafter referred to as 'HR and CE Act' for the sake of brevity) framed a scheme for administration of secular affairs of the Mutt by order dated 31.05.1960 in O.A.No.1 of 1960. As per the scheme of the Act, an Advisory Committee was appointed to advice the Head of the Mutt in the secular affairs. Clause – 4 of the scheme declares that an Advisory Committee will function for a period of two years from the date of framing of the scheme and the question of continuing Advisory Committee for a further period will be decided by 1^st respondent in consultation with Head of the Mutt and the Chairman of the Advisory Committee, having regard to the circumstances at the end of the period of two years. The Head of the Mutt is bound to refer all the secular affairs of the Mutt to the decision of the Advisory Committee and he is bound to act, in secular affairs, as per the resolutions of the Advisory Committee. In case of any difficulty in carrying out the resolutions of the Advisory Committee in any matter, it is open to Head of the Mutt to report the same to the 1^st respondent and seek his directions in that regard. Any directions issued by 1^st respondent is binding on the Head of the Mutt. As per Clause – 8 of the scheme, a Manager (Executive Officer) was also appointed to attend to the day-to-day administration of the Mutt and to proper maintenance of all registers and accounts etc., as per the Act and Rules and submission of the same to the appropriate authority. The Manager was given power to realise the income of the Mutt and deposit the same in the accounts of the Mutt. The bank account of the Mutt shall be operated jointly by the Manager and Head of the Mutt. The monthly budget of the Mutt shall be prepared by Manager with the previous approval of the Head of the Mutt and he is entitled to withdraw the funds for meeting the expenditures provided in the budget by issuing cheque. Thus, the power to take all decisions in secular affairs vested with Advisory Committee with ultimate control of 1^st respondent. All the deci