THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

WRIT PETITION No.11497 OF 2025

ORDER

The present Writ Petition is filed seeking the following

relief:

“....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in constituting the Board of Trustees to the 4th respondent Temple by appointing respondent Nos.5 to 11 as Members/Trustees vide its Proceedings No.F5/905/2025, dt.08.04.2025 without giving any opportunity of making applications by the petitioners and without issuing any fresh notification calling for appointment of Board of Trustees to the 4^th respondent temple as illegal, arbitrary, unconstitutional and contrary to the provisions of Section 15 & 17 of the T.S. Endowments Act and consequently by setting aside the Impugned Proceedings of the 2^nd respondent No.F5/905/2025 dt.08.04.2025, direct respondent Nos.2 to 4 to issue afresh notification as per Provisions of Endowments Act by calling for applications to constitute the trust board to the 4^th respondent Temple in the interest of justice, and to pass such other order or orders as this Court deems fit and proper in the

circumstances of the case....”

2. Heard Mr.C.Hari Preeth, learned counsel representing petitioners, Mr.Mangilal Naik, learned Government Pleader for Endowments representing respondent Nos.1 to 3, Mr.Ch.Satish Kumar, learned standing counsel for respondent No.4. Mr.Thota Yakaiah, learned counsel for

respondent Nos.5 to 7 and Mr.D.Y.L.N.Charyulu, learned counsel for respondent No.10. Perused the record.

3. Learned counsel representing petitioners submits that initially 2^nd respondent herein issued notification on 10.10.2024 calling for applications from the eligible persons to be appointed as Board of Trustees to the 4th respondent temple and the said issue was delayed for various reasons, further, the petitioners were considered for appointment as Committee Members only for the Brahmotsavams Period and accordingly, vide Proceedings Rc.No.F5/996/2020 dt.23.01.2025, the petitioners were appointed as Committee Members to 4^th respondent temple to hold the office from 08.02.2025 till 25.02.2025 for smooth functioning of the administration of

4^th respondent temple to perform the Brahmotsavams.

4. Learned counsel further submits that subsequently the appointment of the petitioners was challenged by 10^th respondent herein in W.P.No.2361 of 2025 before this Court questioning the constitution of temporary committee with the petitioners by 2^nd respondent to perform Brahmotsavams alleging that without issuing any Notification, 2^nd respondent appointed the petitioners as Festival Committee Members, which is contrary to Section 15 & 17 of Endowments Act. He further submits that on consideration of the relevant issues and on material, this Court vide Order date 06.02.2025 while upholding the temporary constitution of committee, dated 25.01.2025 for performing the Brahmotsavalu with the members, while disposing of the Writ Petition directed the official respondents to expeditiously finalize the constitution of regular committee.

5. Learned counsel further submits that 2^nd respondent herein has kept the earlier notification issued on 10.10.2024 without implementing the same and Temporary Committee was appointed with the petitioners on 25.01.2025 and therefore, the said Notification, dt.10.10.2024 was no longer in force. He further submits that many of the persons could not apply for membership as Board of Trustees earlier pursuant to the initial notification, dt.10.10.2024 and subsequently, in view of the directions of this Court in W.P.No.2361/2025, dt.06.02.2025, 2^nd respondent was under obligation to issue fresh notification calling for applications from all the eligible persons to be considered and appointed as Board of Trustees so that all the eligible persons can be appointed. Since, the earlier notification dt.10.10.2024 was not acted upon and subsequently, a temporary committee was con