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"59. Suit for removal of trustee of math or specific endowment attached thereto (1) The Commissioner or any two ore more persons having interest and having obtained the consent in writing of 1[the Commissioner], may institute a suit in the Court to obtain a decree for removing the trustee of a math or a specific endowment attached to a math for any one or more the following reasons, namely:"

(a) the trustee being of unsound mind ;

(b) his suffering from any physical or mental defect or infirmity which renders him unfit to be a trustee ;

(b) in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts thereat;
(c) in the case of a specific endowment, a person who is entitled to attend at or is in the habit of attending the performance of the service or charity, or who is entitled to partake or is in the habit of partaking in the benefit of the charity;

iv) "2010 (1) MWN (Civil) 667 (Srimad Essor Sathithananda Swamigal Dharma Paripalana Sabha versus Executive Officer, A/m Kandasami Adimottai Amman Koil)", wherein, the learned senior counsel would rely on a portion of paragraphs 27 and 28, which are extracted hereunder:

"27. ... ... ... Section 59 alone deals with the removal of trustee of a math on specific grounds. It says, the Commissioner or any two or more persons having interest and having obtained the consent in writing of the Commissioner, may institute a suit in the Court to obtain a decree for removing the trustee of a math on the ground that the trustee is of unsound mind etc. The section empowers the Commissioner or any two or more persons with the permission of the Commissioner in writing to institute a suit in the court to obtain a decree for removal of the trustee of a math. Therefore, section 59 cannot be availed of by the Assistant Commissioner (H.R. & C.E.) to appoint a fit person to the math, the suit institution. The appropriate section shall be section 60 of the Act. Section 60 deals with the powers of the authorities under the H.R. & C.E. Act. When a vacancy arises in the office of the trustee of a math or specific Endowments attached to a math or there is a dispute respecting the right of succession to the office or when such vacancy cannot be filled up immediately or when the trustee is a minor and has no guardian fit and willing to act as such or when the trustee is, by reason of unsoundness of mind or other mental and physical defect or infirmity, unable to perform the functions of the trustee. In such circumstances, the Assistant Commissioner shall have the powers to pass such orders as he thinks proper for the temporary custody and protection of the Endowmentss of the math or of the specific Endowments, as the case may be, and shall report the matter forthwith to the Commissioner. Upon receipt of such report, the Commissioner, after making such enquiry, if satisfied that an arrangement for the administration of the math and its Endowmentss or of the specific Endowments, as the case may be, is necessary, he shall make arrangements until the disability ceases or another trustee succeeds to the office. In making such arrangement, the Commissioner shall have due regard to the claims of the disciples of the math, if any.
The Assistant Commissioner take such steps and pass such order as he thinks proper for the temporary custody and protection of the endowments of the math or if the specific endowment as the case may be, and shall report the matter forthwith to the Commissioner."

(2) Upon the receipt of such report, if the Commissioner, after making such enquiry as he deems necessary, is satisfied that an arrangement for the administration of the math and its endowments or of the specific endowment, as the case may be, is necessary, he shall make such arrangement as he thinks fit until the disability of the trustee ceases or another trustee succeeds to the office, as the case may be.