M G CHARY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Five former hereditary Mirasidars of Shri Padmavathi Ammavaru Temple, Tiruchanur, have stated that the daily and periodical pooja and other sacred rituals are being performed according to Pancharatra Agamas. They are performed every day by each family through the deputies and themselves personally by rotation on year-to-year basis. Shri Padmavathi Ammavaru Temple, Tiruchanur was being managed by five families. They were responsible for the maintenance and cleaning the sanctum sanctorum and inner prakaram personally or through the deputies. Pooja is performed personally by one of the members of the family. Theywere responsible for the safety of the jewellery and other valuables in the temple. After the judgment was rendered, they have suddenly been dispossessed of all the religious duties and other custodial responsibilities. It is the tradition and belief that Ammavaru is their family sister and out of devotion to their sister, they are assiduously performing daily worship of the deity with all religious fervour and devotion even many a time at their own expenses. Apart from the five, there are nine other qualified Archakas but all are prevented arbitrarily to perform the duties of Archaka. They are not permitted even to enter the temple. The scheme may be framed with similar directions with regard to the Mirasidars or Pedda Jeeyangar or Chinna Jeeyangar, as the case may be, which would be applicable to TTD.

(2.) By operation of S. 34 (2 and 144 of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act") , all the hereditary rights stand abolished. The constitutionality of the said provisions has since been upheld; the Mirasidars of Shri Padmavathi Ammavaru Temple, Tiruchanur have lost their hereditary rights. Under Section 142 of the Act, the abolition shall not affect any honour to which any former hereditary holder of office of Shri Padmavathi Ammavaru Temple is entitled by custom. The performance of the religious ceremonies, poojas and worship in religious institutions according to the sampradayams and Agamas followed therein is protected. It has already been held in A. S. Narayana Deekshitulu v. State of A. P. that the secular administration shall vest in the TTD which does not interfere with religious or spiritual functions including those relating to performance of the religious worship, ceremonies etc. therein. They are required to be conducted through Archakas who have been rendering service prior to the abolition. Therefore, if the Archakas/mirasidars are desirous of continuing performance of poojas and rituals in their capacity as Archakas, in terms of gradation of the Archakas like the one approved in respect of the TTD employees, they may be appointed in the respective gradations by being treated as employees of Ammavaru Devasthanam; who do it in the same way as the Archakas/ Mirasidars of TTD. They perform pooja and religious ceremonies in Shri Padmavathi Ammavaru Temple at Tiruchanur. This court is aware of their religious fervour, dedicated devotion and sincerity with which the erstwhile Mirasidars conducted their duties, performed daily, periodical or special poojas or festivals to Shri Padmavathi Ammavaru. Some of them are practising as advocates at the Bar. Therefore, we hope and trust that the TTD would appoint them with equal gradations as is being done in TTD and appoint them in the respective gradations of the Archakas needed in Shri Padmavathi Ammavaru Temple. In that behalf, when we suggested, Shri P. P. Rao has fairly stated that the former Mirasidars should make a representation to the TTD and the government. They would look into the matter and resolve any of the problems the Mirasidars have in that regard.

(3.) The IA is accordingly disposed of.