RAJASEKARAN @ NITHYANANDA Vs. MANIVASAGAM

JUDGEMENT

(1.) The Madurai Aadheenam, a Hindu Religious Math has been in existence for more than 2500 years, having a recorded history for about 1500 years. The said Aadheenam is administered by Adheenakarthar Guru MahaSannidhanam, who is the head of the Math & Trustee, appointed as per the customs & traditions of Madurai Aadheenam. Previously on demise of the 291st Guru MahaSannidhanam on 14.03.1980, the 292nd Guru Maha Sannidhanam, the 3rd respondent herein / 1st Defendant, had assumed the office of the head of the Math on 15.03.1980 as per the custom and usage and continues to hold the office.

(2.) The 3rd respondent /1st Defendant, owing to his old age, decided to nominate a successor for the Math for continuous and efficient discharge of Math Obligations. Accordingly, the 3rd respondent/1st Defendant having found the petitioner herein / 2nd Defendant an efficient and entitled disciple, coronated him as Junior pontiff of Madurai Aadheenam on 27th April in line with customs and traditions of Madurai Aadheenam Math. A trust by name "Madurai Aadheenam Trust" was constituted on 12th April 2012 vide registered Doc.No.237/2012 on the file of the Sub- Registrar, Madurai, with the 3rd respondent / 1st Defendant and the petitioner / 2nd Defendant herein as its Trustees.

(3.) In the said factual background the respondents 1 and 2 as plaintiffs, leveling accusations and assertions have filed the above suit for permanent injunction in O.S.No.83 of 2012 before the learned I Additional District Judge, Madurai praying to declare the nomination of the petitioner / 2nd defendant as Junior Pontiff of Madurai Aadheenam by the 3rd respondent on 29.04.2012 as Null and Void and sought for permanent injunction as against 3rd respondent / 1st defendant from any further nomination.