HR&CE order on mutt head appointment held in abeyance
A batch of appeals was filed in the Madras High Court to quash the order issued by the HR&CE appointing madathipathi for the mutt.
CHENNAI: The Madras High Court has kept in abeyance the order of Hindu Religious and Charitable Endowment (HR&CE) appointing madathipathi for Thiruporur Chidambara Swamigal Thirumadam.
A batch of appeals was filed in the Madras High Court to quash the order issued by the HR&CE appointing madathipathi for the mutt. The case was listed before the first bench of the Madras High Court comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu.
In 2019, the HR&CE issued an order to conduct an election for the post of madathipathi for the mutt in compliance with the court order.
The candidate should be above 18 years old and belong to the Veera Saiva sect, read the order issued by HR&CE.
It also has appointed the assistant commissioner, HR&CE, Kancheepuram, as fit person of the mutt to carry on its administration till the election. At this juncture, an appellant G Balasubramaniya Iyer moved the HC challenging the appointment of Madathipathi.
The appellant contended that he is the hereditary trustee (15th Pontiff) of the mutt by virtue of the deed of declaration said to have been executed by the 14th Pontiff of the Mutt, Sri-La-Sri Chidambara Sivagnana Swamigal. He also filed a suit before the sub-court Chengalpattu in 2016 to declare him as the hereditary trustee.
The bench observed that the order of appointing madathipathi for mutt is based upon the scheme decree, which the appellant contended to seek modification or cancellation. In such circumstances, the proper course to be adopted to meet the ends of justice would be to keep the said orders in abeyance till November 30 so as to enable the appellants to apply for modification or cancellation of the scheme decree, within the time limit.
The court also directed the authorities concerned to implement the order passed by the HR&CE department If the appellants fail to take recourse to such procedure.