THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.28020 OF 2016

ORDER:

1 Questioning the action of the 3^rd respondent in issuing notice in Form-II dated 12.7.2016 bearing Rc.No.F2/ 03581/ 2016-3 directing the petitioner to make an application for registration under sub-Section (1) of Section 43 of the Act, as being illegal, arbitrary, the petitioner filed the present writ petition.

2 The case of the petitioner is that he constructed Mahashakthi Temple in the year 2010 with an amount of Rs.2.00 crores. Soon after completion of the temple, the Prathista and Kumbhabisekam were done by the Holy hands of Sri Sri Sri Jagadguru Shankaracharya, Sri Hampi Virupaksha Vidyaranya Maha Samsthanam, Sri Vidyaranya Bharathi Swamiji from 13.6.2010 to 17.6.2010. The temple is located in and around one acre of land in Chaitanyapuri colony with pucca compound wall. The temple is dedicated to (i) Sri Maha Durga (ii) Sri Maha Lakshmi and (iii) Sri Maha Saraswathi and therefore it is named as "Maha Shakthi Peetam".

3 Soon after completion of Kumbhabisekham, the temple management has been handed over to Sri Sri Sri Vidyaranya Bharathi Swamiji to administer the management of the temple including day-to-day affairs of the temple such as Nitya Pooja, Periodical festivals and annual festivals etc. His Holiness Swamiji accepted the same on 21.6.2010 and appointed the petitioner as an Agent of Hampi Vidyaranya Peetam with a direction to conduct all religious and social activities in the temple only after taking prior permission of the Swamiji. Since then, the management of the temple is in the independent hands of His Holiness Sri Vidyaranya Barathi Swamiji through the petitioner. Since then regular rituals and annual festivals are being performed by the petitioner as per Agama Sasthras without any complaint from any corner.

4 It is submitted that there are no hundies kept in the temple and also there are no Pooja Rusums collected from the devotees at any point of time and the total expenditure is being met by the petitioner as an Agent of the Mutt and his family members with the knowledge of His Holiness Vidyaranya Bharathi Swamy Varu. There are some works yet to be completed and the management has also conducted the Annual Day function, Sri Rama Navami and Dasara Navarathrulu festivals and the management of the temple is in the Holi hands of His Holiness Vidyaranya Bharathi Swamiji. As per the directions of the Swamiji, the petitioner being an Agent and Dharmakartha is looking after the day-to-day affairs of the temple without any complaint and the sacred premises of the temple is being safeguarded by the present Management.

5 It is submitted that while being so, the 3^rd respondent herein issued the impugned notice in Form-II dated 12.7.2016 bearing Rc.No.F2/ 03581/ 2016-3 asking the petitioner to make an application for registration of the temple under Sub-Section (1)

of Section 43 of the said Act within 30 days.

6 The grievance of the petitioner is that there is no income to the temple and the maintenance expenses are met by the petitioner in the capacity of Agent and Dharmakartha and his family members and therefore it is too early to take over the petitioner temple into the fold of Endowments Department. It is his further grievance that if the present management by His Holiness Swamiji is not disturbed the proposed major construction works will also be completed and since there is no income to the temple and the maintenance expenses are met by the petitioner himself in the capacity of Agent and Dharmakartha and his family members, directing the petitioner to make application to register the temple with the Endowment Department is not legal.

7 The petitioner submits that he made an application before the respondent Nos.1 and 2 on 08.8.2016 reiterating the above said facts and requested to grant exemption in terms of Section 154 of the Endowment Act. The said application is pending for consideration and in the meantime, the 3^rd respondent is making hec