SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(AP) 602

2012 (5) ALT 568
HIGH COURT OF ANDHRA PRADESH
G. BHAVANI PRASAD, J.
P. Madhu Babu & Others
Versus
Commissioner of Endowments, Endowments Department & Others
Writ Petition Nos.321 of 2012, 768 of 2012 & 8379 of 2012
Decided on: 16-07-2012

Advocates appeared:
For the Petitioners:Kurra Srinivas, Advocate.
For the Respondents:R1, P.C. Reddy, Assistant Government Pleader for Endowments, R2 to R4, W.B. Srinivas, Advocate.

Headnote:A) A.P. CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT, 1987, Sections 6 and 43 - Appointment of Trustees Rules, 1987, Rules 4 (1) and (2) and 5 to 8:- Writ petition challenging non-hereditary trustees to the temple by Deputy Commissioner of Endowment rejecting contention that it is a private trust and also allegation of malafides just because of the trustees appointed one of them happens to be endorsed by the legislator and Minister without any mandatory direction to appoint the two people named therein.

JUDGMENT

1. These three writ petitions relate to appointment of Board of Trustees to Sri Polerammavari Devasthanam, Kamepalli, Jarugumalli Mandal, Prakasam District and hence, they are being disposed of by this common order.

2. The petitioners in W.P. Nos.321 and 768 of 2012 are brothers and they claim that Chaganti Rosaiah Naidu, son of Kondapa Naidu constructed the temple in 1952 with his own money in his own land of Ac.0.05 cents out of Ac.0.28 cents in survey No.350/5, Account No.565 of Kamepalli and Rosaiah Naidu, who had no issues, executed a registered Will in favour of the sons of his elder daughter-Hanumayamma, who are the petitioners herein. The petitioners claimed further that the petitioner in W.P. No.321 of 2012 was mutated in the revenue records in respect of the land and a Trust under the name and style of Poleramma Devalaya Abhivrudhi Sangam was registered with the Registrar of Societies by the petitioners and some other villagers. The private temple was never notified under Section 6 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987, A.P. Act 30 of 1987 (for short “the Act”) and the private land was never acquired under the Land Acquisition Act. While so, the local Legislator wrote a letter, dated 20-08-2011 requesting the Government to take over the temple as represented by the public representatives of Kamepalli village and he was referring to an earlier letter, which he asked to be not taken into consideration and recommended three names for appointment as Committee Members. Accordingly, the Deputy Commissioner of Endowments, Guntur appointed respondents 4 to 6 as the trustees contrary to law. The 2nd respondent abdicated his statutory duty, did not consider the merits and demerits of the applicants and simply appointed the persons proposed by the local M.L.A., whose letter was endorsed by the Minister for Endowments. The petitioners claim that respondents 4 to 6 have not even submitted their applications and hence, they desired the proceedings of the appointment to be declared illegal and set aside and the appointment to be suspended during the pendency of the writ petitions, as the Appointment of Trustees Rules, 1987 (for short “the Rules”) were violated in letter and spirit.

3. The petitioner in W.P. No.8379 of 2012 claims to be one of the applicants for appointment as member of the Trust Board and a report about their antecedents was also submitted by the competent authority on 16-12-2011. He claimed to have been shocked and surprised by the appointment under the impugned proceedings. Rule 4 (1) of the Rules was violated by not publishing the notification at least in one of the district editions of daily newspapers and due to the absence of any independent scrutiny and application of mind by the competent authority, who was merely influenced by the dictates of the local MLA., even without declaring the temple as a public temple, the mandate of the Rules was observed in breach. Reports of antecedents were called for twice without assigning any reasons and hence, this writ petitioner also desired the impugned proceedings to be declared illegal and to be suspended during the pendency of the writ petition.

4. The Deputy Commissioner of Endowments in his counter-affidavits in W.P. Nos.768 and 8379 of 2012 claimed that though the local M.L.A., gave a letter for appointment of three persons, which was endorsed by the Hon’ble Minister for Endowments, the 2nd respondent did not consider the same and appointed respondents 4 to 6 as Trustees in public interest after following the due procedure and the rules. It is true that Chaganti Rosaiah Naidu, son of Kondapa Naidu installed Poleramma Goddess temple in his waste land, but later the villagers formed a Committee and constructed the present temple with the donations from all the villagers and the public. Vankadari Narasimham, Channareddy Narasimha Rao, Chidipotu Brahmaiah, Pattipathi Madhava and Bazawada Kotaiah acted as a

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top