A.No.5689/2008 in C.S.No.136/1951 A.No.5689 of 2008 in C.S.No.136 of 1951 PUSHPA SATHYANARAYANA, J. A Memo dated 16.08.2019 has been filed by the learned Administrator of the Mutt, known as Anandasrama Sadhu Maha Sangam. 2. It is now stated by the learned Administrator that the Madathipathi Sri Vidhyanandagiri Swamigal died on 25.10.2018 and a Samadhi is required to be constructed at the place, where the body of the Madathipathi was buried within the Mutt and the cost of construction is estimated to Rs.1,26,420/-. 3. It is stated further that 89th Guru Pooja of the previous Madathipathi Sri Anandananda Swamigal is to be performed on 29.09.2019 and for the purpose of arranging and performing the Guru Pooja, Annadhanam and distributing prasadam, it is estimated that a sum of Rs.20,000/- is to be spent. Now the present memo is filed seeking sanction of expenses for a sum of Rs.2,76,420/- to be incurred by the learned Administrator for the construction of Samadhi and performing Guru Pooja. 1/4 http://www.judis.nic.in A.No.5689/2008 in C.S.No.136/1951 4. The said 89th Guru Pooja for Sri Anandananda Swamigal was on 29.09.2019, 64th Guru Pooja for Sri Verra Subbiah Gnana Desikendra Swamigal was on 01.10.2019 and 1st Guru Pooja for Sri Vidhyanandagiri Swamigal was on 15.10.2019. As all the dates are already over, these expenses are not sanctioned. Only the expenses for construction of the Samadhi for Sri Vidhyanandagiri Swamigal, which is quoted as Rs.1,26,420/- alone is sanctioned for the said purpose. 5. The Sadhu Maha Sangham is administered as per the Scheme originally framed on 10.12.1954, which was subsequently modified by this Court in O.S.A.No.1 of 1955, dated 02.09.1959. Clause 3 of the said modified Scheme, reads as follows: '3. The properties and the affairs of the trust shall be managed by a single trustee who will be the Sanghamurthi Sadhu for the time being. In case of any vacancy caused by the death or similar ground, the Sadhu who succeeds the previous Sanghamurthi, either by nomination of his predecessor, or otherwise, shall be deemed to be the trustee. If there is any dispute as regards the person to succeed the previous trustee, such dispute shall be decided by the Court on application by the competing applicants or by persons interested in the trust.' 6. Though the Madathipathi Sri Vidhyanandagiri Swamigal died 2/4 http://www.judis.nic.in A.No.5689/2008 in C.S.No.136/1951 on 25.10.2018, more than a year, no steps have been taken to nominate the next Madathipathi. The scheme provides that if any dispute as regards the person to succeed the previous trustee, such dispute shall be decided by the Court on application by the competing applicants or by persons interested in the trust. 7. It is stated by the learned counsel for the plaintiffs that the next Madathipathi has already been selected, but the same is yet to be approved by the Court. However, no application has been filed for the said purpose as contemplated in the Scheme. 8. Learned Administrator is directed to take steps to take an application for naming the succeeding Madathipathy at the earliest. Post on 12.11.2019. 22.10.2019 vsm PUSHPA SATHYANARAYANA.J 3/4 http://www.judis.nic.in A.No.5689/2008 in C.S.No.136/1951 vsm A.No.5689 of 2008 in C.S.No.136 of 1951 22.10.2019 4/4 http://www.judis.nic.in