The Hindu Religious and Charitable Endowments Department has turned down a request to undertake the Madurai Adheenam immediately under its custody and to take effective steps under the Court of Wards Act. The plea deserved no merit and it was not in accordance with law. This has been conveyed by the HR and CE Commissioner (Additional Charge), M. Rajaram in his reply dated August 22 to a letter by R. Krishnamurthy, an advocate, of May17 this year.

Mr. Krishnamurthy had requested the authorities to undertake the Adheenam under the custody of the department as per the HR and CE Act and to take steps under the Court of Wards Act, in public interest.

The Commissioner said there was no provision in the HR and CE Act, except Section 59 for removal of Trustee of the math for any reason specified. Further, under Section 60, arrangements could be made by the Assistant Commissioner whenever a vacancy arose in the office of the Trustee of the math and there is a dispute regarding the right of succession to such office or when such vacancies could not be filled immediately.

Now, Arunagirinatha Gnanasambanda Desika Paramacharya alone was functioning as the math’s Trustee. Nithyananda did not have any legal entitlement to function as the math head. He could function only if the Trustee’s office fell vacant.

As the Trustee’s office had not fallen vacant and there were no grounds under Section 59 to take action, the petitioner’s request deserved no merit.

The Commissioner also said that the math was a Hindu public religious institution. Arunagirinathar and Nithyananda had executed a Deed of Declaration of Trust on April 12 this year called Madurai Adheenam Trust to administer the Adheenam’s affairs which was not proper under the HR and CE Act.


Govt. can take final call: HCAugust 28, 2012

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