SAIVA SAMARASA SUTHA SANMARGA SABAI Vs. THE COMMISSIONER

JUDGEMENT

(1.) The petitioner - Saiva Samarasa Sutha Sanmarga Sabai, Dindigul, claiming that since it is a religious denomination, the provisions of the Hindu Religious and Charitable Endowments Act , 1959 would not be applicable to the said Sabai, has come forward with this writ petition seeking a writ of Certiorarified Mandamus to quash the impugned order made by the second respondent in his proceedings in Sa.Mu.Na.Ka.1135/2015/A3, dated 04.06.2015, in and by which, the third respondent has been appointed as a Fit Person for the administration of the petitioner Sabai and consequently, forbear the respondents from in any way interfering with the petitioner's right to administration of Saiva Samarasa Sutha Sanmarga Sabai, Dindigul.

(2.) The case of the petitioner, briefly stated, is as follows:

(3.) Mr.M.Mahaboob Athiff, learned Counsel appearing for M/s.Ajmal Associates, for the petitioner - Sabai, made the following submissions: The petitioner - Saiva Samarasa Sutha Sanmarga Sabai, Oddanchathiram, is a society registered under the provisions of the Registration of Societies Act , 1978;