CHENNAI: THE High Court on Tuesday refused to quash an order dated November 22, 2012, by which Meenakshi Sundaram Thambiran became the 24th Guru and Madathipathy of Thiruvavaduthurai Adheenam at Mayiladuthurai in Nagapattinam district.
“In the light of the ruling of Supreme Court, this court does not wish to bring all actions of the Mutt within its power of judicial review, since the appointment of the petitioner as Pandara Sannidhi (Madathipathi) admittedly falls outside the scope of the statutory enactment viz HR&CE Act”, Justice V Parthiban said. Further, the mutt enjoys protection under Article 26 of the Constitution, which is undoubtedly fundamental in nature.
Such being the case, this court has to inexorably come to the conclusion that the act of removal of the petitioner as Junior Pandara Sannidhi on the basis of bona fide consideration by the then Head of the Mutt and such action being purely religious in nature, the same falls outside judicial reach. In the absence of any prejudice to the public policy or interest, the impugned action has to be regarded as not justiciable and therefore, this court has no hesitation in answering all the issues against the petitioner and on such conclusion, this court does not find any merit or substance to entertain the present writ petition, the judge said.
The judge was dismissing a writ petition from Kasiviswanatha Pandara Sannidhi seeking to quash the 2012 order as illegal and to restrain the authorities concerned from in any manner interfering with his day-to-day administration and discharge of the religious functions as the Head of the Mutt.
According to petitioner, he was appointed as the junior Pandara Sannidhi of the mutt in March, 1997. While so, a criminal case for offences of conspiracy and attempt to murder was lodged against him in July, 2002. During pendency of the case, he was removed from the post in July, 2002. The trial court found him guilty and convicted him and the same was confirmed by the Principal Sessions Court at Nagapattinam. The High Court, however, set aside the conviction and ordered his acquittal in August, 2011.
Challenging his removal, the junior moved the court with a civil suit which was dismissed in 2004. Meanwhile, the senior Pandara Sannidhi attained mukthi on January 22, 2012 and the authorities concerned unanimously elected Meenakshi Sundaram Thambiran as the Head of mutt the same day.