Telangana High Court

WP/28156/2007 of Janni , Pekapu Trinadha, Vs The Deputy Commissioner, on 28 December 2007

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTYEIGHTH DAY OF DECEMBER TWO THOUSAND AND SEVEN P R E S E N T THE HON’BLE SRI JUSTICE P.S. NARAYANA * * * WRIT PETITION No.28156 of 2007 Between: Janni @ Pekapu Trinadha & Ors. …

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTYEIGHTH DAY OF DECEMBERTWO THOUSAND AND SEVEN

P R E S E N T

THE HON’BLE SRI JUSTICE P.S. NARAYANA

* * *

WRIT PETITION No.28156 of 2007

Between:

Janni @ Pekapu Trinadha & Ors. … Petitioners

Versus

The Deputy CommissionerEndowments Department, Visakhapatnam & Anr. … Respondents Counsel for the Petitioners: Sri S. SATYAM REDDY

Counsel for the Respondents: GOVT.PLEADER FOR CIVILSUPPLIES

THE HON’BLE SRI JUSTICE P.S. NARAYANA

WRIT PETITION No.28156 of 2007

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O R D E R :

Heard both the counsel. The matter is coming up ‘foradmission’.

2. The writ petition is filed for a writ of mandamus, declaringthe action of the first respondent in not passing the orders onpetitioners representation dated 23-4-2007 for appointment of oneof the petitioners as a founder trustee to Sri PolamambaAmmavari Temple situated at Sambara village of MakkuvaMandal, Vizianagaram district, as arbitrary and illegal andconsequently to direct the respondents to dispose of therepresentation dated 23-4-2007 by appointing one of thepetitioners as Founder Trustee of Sri Polamamba Ammavaritemple situated at Sambara vill;age of Makkuva Mandal,Vizianagaram district and to pass such other suitable orders asthis Court may deems fit and proper in the circumstances of thecase.

3. It is stated that the petitioners are tribals. “PolamambaAmmavaru” was an ancestor of the petitioners family and shewas respected by all the villagers and after demise, theancestors of the petitioners have installed the idol of Ammavaru and have been performing pooja and rituals. The temple issituated in a part of the house of the petitioners in Sambaravillage, Makkuva Mandal.

4. Further it is stated that a jathara is held in the third weekof January every year and thousands of devotees visit thetemple. The said temple had been brought under the purview ofthe Endowments Department as ‘B’ category temple as per theEndowments Act.

5. It is also stated that the first respondent is required toconstitute a trust board under section 15 of the Endowments Act.It is stated that the petitioners have made a representation on 23-4-2007 to the first respondent to consider their claim forappointment as trustees being the members of the family of thefounders. But so far the first respondent had not taken any actionand did not pass any order on the representation of thepetitioners, which was filed under section 87 of the AP Charitableand Hindu Religious Institutions and Endowments Act, 1987.

6. In view of the facts and circumstances, let the firstrespondent dispose of the representation dated 23-4-2007 of thepetitioners and pass appropriate orders on merits and inaccordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of at the stage of admission.

No costs.

JUSTICE P . S .

NARAYANA .

28/12/2007.

NB:

1) Operative Portion of the Order by wire at party’s costs.

2) Furnish CC of the order tomorrow.

B/o. ISL

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