High Court · 2025

SREE AYYAPPA DEVASTHANAM, Regn. No. 89 of 1964 dated '16-Jun-64 of the Public Societies Registration Act, 1350 (Rep, by its Secretary, Mr.Suresh Kochattil, S/o. Sri.M.K.Vijayan, aged about 52 years) Situated at No. 49, Cariappa Road, Bolarum, Secunderabad - 500010. AND The State Of Telangana, Endowments Department, Rep by the Commissioner, Boggulakunta, Tilak Road, Abids, Hyderabad. ...PETITIONER ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ Mandamus declaring that the provisions of the AP Charitable and Hindu Religious lnstitutions and Endowments Act, 1987 is not applicable to the Petitioner herein and consequently declaring that the action of the Respondent in including the name of the Petitioner in the list prepared under Section 6 of the Act and by entering its name in the register maintained under Chapter lV of the Act as illegal, arbitrary, perverse, unjust, unreasonable, without any authority of law, without following the due process of law, in gross violation of the Act, prescribed Rules and Procedures, in gross violation of principles of natural justice, gross abuse of power and unconstitutio na I being violative of Articles 14, 25, 26, 27, 29 etc of the Constitution of lndia besides being opposed to all canons of equity, justice and fair play. l.A. NO: 2 OF 2015(WP MP. NO: 51694 OF 2015) .:-:.::: rt r::, -,1,' i_ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings in D.DisNo.B1l7\Ogtzoj5, dated 04.12.2015, issued by the Deputy Commissioner (S), Endowments and the pursuant Memo No.B/1352/20'1 5, dated 05j12.2O15 of the Assistant Commissioner of Endowments and direct the respondent herein to remove the seal put on the Almirahs, Hundies, hand over the Account Books, Reciept Books, Cheque Books to the petitioner and to restore the bank account operating authority to the petitioner, pending disposal of the above writ petition. Prayer is amended as per C.O. dt. 1611212015 in WPMp.No.52657t15 Counsel for the Petitioner: SRI K.RAJENDRAN (appearins on-tine) Counsel for the Respondent: SRI MANGILAL NAIK, Gp FOR ENDOWMENTS The Court made the following: ORDER .'*gffiY THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.39427 OF 2015 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/ s:- "(i) tn the circumstances, lhe petitioner hcr-ein prays th.rt, this l-ton'ble Court mav be pleased lo issue appropriate wriL, order or direction morc parLicularly onc in the nature of Writ of Mandamus declaring that the pr()visions of the A.P. Charitable & Hindu Rcligious Inslitutions and Endowmcnts Act, 1987 is not applicable to the Petitioncr herein and consequenrly declaring thaL the action ol thc Respondent rn including the name of the Petitioner in the list prcparecl undcr Seclion 6 ol thc Act and by enlering its name in the regtsler mainLained under Chapter IV ot the Act as illegal, arbirrary, perversc, uniust, unreasonable, without any authority of law, without following the duc pl-occss oI Ia$" in gross violaLion o[ lhe Act prescrrbed Rules and Proccdures, in gross vrolaLion ol principles of naLural iusLice, gross abuse of power and Ll ncon stilut lonal beiDg violative of Articles 14, 25,26,27,29 etc of thc Constitution of Indra besi(les being opposed to all canons of equitv,.iustlcc and fair plav and grant such olher or further relief(s) as this Hon'blc Court may decm just, [it and proper in thc circumstances of the casc, in the tntcrest ofjustice- (ii) Pcnding disposal of this writ Petition, lhrs Hon'ble Courr may be plcased to order/direct that the operation of thc provisions of thc sald act be kcpt rn abeyance in respect o[ the Petitioner considering the fact lhat the Petitioner was exempted from the operation o[ Section 15 & 29 oI thc Endowment Act and thc exemption remained in vogue until 25-7-2015, vidc G.O.Rt.No.l I I4 dated 26-7- 2Ol2 and pass such other or further order(s).. "

2. Heard Mr.K.Rajendran, learned counsel for the petitioner appearing on-line ar.ld Mr.Mangilal Naik, Iearned Government Pleader for Endowments appearing for respondent.

3. Learned counsel for the petitioner submits that the petitioner had filed an application under Sections 45 and 87 of the Andhra Pradesh Charitabie & Hindu Religious Institutions and Endowments Act, 1987 seeking annulment of Entry vide S.R.No.1327 l15 dated 22.07.2015 before the A.P. Endowments Tribunal. But the said application u'as not numbered. Therefore ) the petitioner filed by present writ petition seeking the aforesaid reliefs

4. Learned Government pleader for Endowments, by filing the counter affidavit, submits that vide G.O.Rt.No.1 1 14, dated

26.07 .2012, the Government had exempted the operation of Sections.l5 and 29 of Endowments Act, 30 of 19U7 for a period of three years which expired on 25.OT.2O15; thal one Sri B.Anii Kumar, S/o. Late G.B.Nair is claiming as Secretary of Sri Ayyappa Devasthanam, I Bollarum under the registered Trust Deed No.207/09 dated 08.1O.2009. Therefore, l-re submits that the cause in this Writ Petition in so far as prayer No.(ii) does not survive for adjudication.

5. He further submits that the first prayer, as sought for by the petitioner, cannot be decided under Article 226 of Constitution of India in the Writ jurisdiction and that there is an alternative remedy availabie to the petitioner to redress his grievance before the Endowments Tribunal. Therefore, he seeks to dismiss the Writ Petition in so lar as prayer (i) is concerned. 6 . Having regard to the submissions of bo th the learned counsel and on perusal of the material available on record, this Court is of the opinion that the cause in so far as prayer (ii) does i I -) not survive for adjudication. So far as prayer (i) is concerned, the petitioner is directed to approach the Endowments Tribunal to redress his grievance, if required 7 . Accordingiy, this Writ Petition is dismiSsed. The petitioner is granted to work out the remedies as available under law Miscellaneous Petitions, pending if any, shall stand closed. SD/-S.MALLIKARJUNA RAO SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI K.RAJENDRAN, Advocate [OPU 2. Two CCs to GP FOR ENDOWMENTS, High Court for the State of Telangana at Hyderabad [OUTI

3. Two CD Copies BSR/BSK W HIGH COURT DATED:2610312025 ORDER WP.No.39427 of 2015 oR "iHE s I4 \- ..i. C .) o 27,luu 26 ': \=.-,-,-r'' 4 ) \ DISMISSING THE WRIT PETITION, WITHOUT COSTS 1At 11