Point of Law: Explanation (a) to Section 17(2) states that the procedure for calling for application for appointment of trustees, verification of antecedents and other matters shall be such as may be prescribed. Section 2(19) of the Endowments Act, 1987 “prescribed” to mean that prescribed by Rules made by the Government under the Act.

ORDER :

The 5th respondent-charity is being managed by Kamisetty family. The Kamisetty family had been recognized as the founder family of the 5th respondent. Initially, Sri Kamisetty Venkatesam Chetty was recognized as the founder trustee. Thereafter, his son, Kamisetty Venkata Subbaiah Chetty was recognized as the member of the founder family and trustee up to 08.05.1993 when he passed away. After his demise, his son, Sri Kamisetty Lakshmi Narasimhulu, had been recognized as the sole trustee and the founder family member from 05.05.1994 to 04.11.2000 and upon his demise, his brother, Sri Kamisetty Srinivasulu Chetty was declared as the member of the founder family and was appointed as a trustee. He continued till his demise on 19.09.2020. After his demise, disputes arose as to who has to be appointed as a member of the founder family and also appointed as a trustee and secretary of the 5th Respondent.

2. The petitioner herein, states that he is the son of Sri Kamisetty Venkata Subbaiah, who passed away in 1993. He states that his father had twelve children from his first wife Smt. Lakshmidevamma, who passed away on 04.11.1960. After her demise, the petitioner contends that, his father married his mother and subsequently he was born. The petitioner contends that to assert his right, he has filed O.S.No.40 of 2006 before the IV Additional District Judge, Kadapa for partition and separate possession of the joint family property of his father. This suit has been dismissed on 29.08.2019. However, the petitioner contends that even though the suit was dismissed, the trial Court had given a finding that he was the son of Sri Kamisetty Venkata Subbaiah Chetty. He contends that after the demise of Sri Kamisetty Srinivasulu Chetty in 2020, he had also sought to be recognized as a member of the founder family to be appointed as a sole trustee. For this purpose, he is said to have filed O.A.No.402 of 2013 before the Endowments Tribunal at Hyderabad for being recognized as a member of the founder family in respect of the 5th respondent-charity. After the demise of Sri Kamisetty Srinivasulu Chetty, he had also approached the Commissioner Endowments, 2nd respondent herein, for being appointed as a trustee of the 5th respondent-charity by way of an application, dated 23.09.2020, sent to the 3rd respondent.

3. The petitioner states that the application given by him to the 3rd respondent was also forwarded to the 2nd respondent. It appears that the 6th respondent, who is also a grandson of Sri Kamisetty Venkata Subbaiah Chetty, had filed an application to be recognized as the member of the founder family and for being appointed as a trustee of the 5th respondent-charity.

4. The 2nd respondent, after considering the rival claims made by the petitioner, had rejected the claim of the petitioner to be appointed as a trustee and recognize/appoint the 6th respondent as a member of the founder family and secretary to the 5th respondent-charity.

5. Aggrieved by the said order, the petitioner has approached this Court by way of the present writ petition.

6. The case of the petitioner is that since he is a member of the founder family, his application, for being recognized as a member of the founder family and for being appointed as a trustee of the 5th respondent-charity, ought to have been accepted by the 2nd respondent. He submits that in view of the judgments of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh in Sri Vallabharayeswara Swamy Temple rep. by its Managing Trustee Jalasutram Venkata Subbaiah vs. Bellamkonda Venkata Subrahmanya Sarma and another, 2014 (5) ALT 801 and Rachamalla Sridhar Murali Krishna vs. State of A.P., rep. by its Principal Secretary, Revenue (Endowments) Department, Hyderabad and others, 2016 (2) ALT 623 the petitioner is entitled to be recognized as a member of the founder family by the 2nd respondent and consequently, ought to have been appointed as a trustee/secretar