LAWS(MAD)-2014-8-27

SUCCESSOR TO THE 292ND GURU MAHASANNIDHANAM Vs. COMMISSIONER, HINDU RELIGIOUS AND ENDOWMENTS DEPARTMENT

Decided On August 19, 2014
Successor To The 292Nd Guru Mahasannidhanam Appellant
V/S
Commissioner, Hindu Religious And Endowments Department Respondents

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the fair and decretal order, dated 26.02.2013 passed by the learned Principal Subordinate Judge, Madurai, in I.A.No.966 of 2012 in O.S.No.1000 of 2012.

(2.) Heard Mr.Veerakathiravan, learned counsel appearing for the revision petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the first respondent and Mr.V.Nagendran, learned counsel appearing for the second respondent.

(3.) The revision petitioner herein is the third party, whereas the first respondent herein is the plaintiff and the second respondent herein is the defendant in the suit in O.S.No.1000 of 2012 on the file Principal Subordinate Court, Madurai. The suit was filed by the first respondent against the second respondent to declare the deed of Trust (i.e.,) Madurai Aadheenam Trust, dated 23.04.2012, executed by the second respondent, vide Document No.237/2012 and the affidavit appointing Sri Nithyananda as 293rd Aadheenakarthar of Madurai Aadheenam Math, is null and void. He also prayed for mandatory injunction directing the second respondent to hand over the Math and its properties to the first respondent as contemplated under Section 60 of the Tamil Nadu Hindu Religious Charitable and Endowments Act (hereinafter referred to as "the Act"). Along with the suit, the first respondent filed I.A.No.966 of 2012, for ad-interim stay, staying the operation of the alleged deed of declaration of the Trust Document No.237 of 2012, dated 23.04.2012, called Madurai Aadheenam Trust and the affidavit executed by the second respondent, dated 27.04.2012, till the disposal of the suit.