The voluntary abandonment of spiritual and administrative duties by the head of a religious institution constitutes 'abdication' rather than 'resignation', creating a vacancy that allows administrative authorities to appoint an interim manager under the governing religious endowments legislation.

PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent , to set aside the order made in W.P.(MD)No.21264 of 2025 dated 05.08.2025 on the file of this Court.

For Appellant : Mr.K.Chandrasekar for Mr.R.Murali (in W.A.2697/2025)

For Appellant : Mr.G.Prabhu Rajadurai for Mr.P.Vetrivel (in W.A.2929/2025)

For Respondents : Mr.G.Prabhu Rajadurai (for R1 & R5) for Mr.P.Vetrivel

: Mr.J.Ashok (for R2 & R3) Additional Government Pleader

: Mr.V.Chandrasekar (for R4)

COMMON JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)

This is a common order passed in two writ appeals challenging an order passed by the writ Court on 05.08.2025 in W.P(MD)No.21264 of 2025, one filed by Thiruvavaduthurai Adheenam (W.A(MD)No.2697 of 2025) represented by its Adheenakarthar Sri-la-Sri Ambalavana Pandara Sannathi (in short 'Thiruvavaduthurai Adheenam') and the other, by the Shri Sivagrahayogi Swami Math, Shri Suriyanar Kovil Adheenam (W.A(MD)No.2929 of 2025) represented by its Adheenakarthar Shri-la Shri Mahalinga Pandara Sannithi (in short 'Mahalinga Pandara Sannithi')

2. The matter arose in these circumstances. Mahalinga Pandara Sannithi had been anointed by the Adheenakarthar of the Thiruvavaduthurai Adheenam on 03.01.2022 as the 28th Adheenakarthar of the Sivagrahayogi Swami Math. Mahalinga Pandara Sannithi appears to have raised some issues relating to the interplay between the functioning of the Sivagrahayogi Swami Math and the Thiruvavaduthuram Atheenam, and his tenure was hence marked with some dissension.

3.Matters had come to a head and proceedings had been taken by the Thiruvavaduthurai Adheenam by issue of a show cause notice to Mahalinga Pandara Sannithi on 05.05.2025. No response had been sent to that notice, and Mr.Prabhu Rajadurai, who appears for Mahalinga Pandara Sannithi would say that the Thiruvavaduthurai Adheenam has no authority to issue such a notice to his client.

4.Be that as it may, a suit came to be instituted by Mahalinga Pandara Sannithi in O.S.No.255 of 2024 before the Subordinate Judge, Kumbakonam arraying the Thiruvavaduthurai Adheenam, the Commissioner, Joint Commissioner and Assistant Commissioner of HR & CE Department as D1 to D4 respectively.

5.The prayers in suit are as follows:

'a)To declare that the suit property the copper plate absolutely belonged to the plaintiff and direct handing over of the same.

b) To declare that the plaintiff is entitled to perform Thiruvanandal Utazadkala Kattalai pooja and to issue a decree of permanent injunction against the 1st defendant.

c) Direct the 1 defendant to handover the properties described in the copper plate and also all records relating to the income to the plaintiff.

d) Pass an order of permanent injunction against the 1st defendant restraining him from interfering the activities of the plaintiff and direct Defendants 2 to 4 to supervise the same.

e) To direct the 1st Defendant to pay to the Plaintiff to cost of the suit.

f) And to pass such other or orders the Hon'ble Court may deem fit and proper in the circumstances of the case.'

6.Written statements have been filed by the defendants. In brief, the defence of Thiruvavaduthurai Adheenam is that Mahalinga Pandara Sannithi is a householder and not an ac