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2023 Supreme(Online)(Mad) 81690

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S. SOUNTHAR
Thirukayilaya Parambarai – Appellant
Versus
The Commissioner – Respondent


ORDER

1. Introduction:-

The Writ Petition is filed challenging the order passed by the 1st 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 103rd 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 103rd 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 18th Head, at the request of Pandya King, the location of the Mutt was shifted to present

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