LAWS(APH)-2021-7-85

N. GOVINDA SWAMY Vs. STATE OF ANDHRA PRADESH

Decided On July 16, 2021
N. Govinda Swamy Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The interim management of Sri Mad Virat Pothuluri Veera Brahmendra Swamy Mutt (herein after referred as "the Mutt"), is the subject matter of the dispute before this Court.

(2.) The 2nd petitioner is the widow of the 11th Peethadhipathi of the Mutt. He passed away on 08.05.2021. It is the case of the 2nd petitioner that her elder son, who is the 1st petitioner herein, had been nominated by her late husband as the person to be appointed as Peethadhipathi by way of a Will executed on 10.11.2018. It is also the case of the petitioners that as the 1st petitioner was still a minor, it was stipulated in the Will that the 2nd petitioner would be a temporary Peethadhipathi, till the 1st petitioner attains majority. It is the case of the petitioners that the deceased Peethadhipathi had, on 01.10.2010, nominated the 1st petitioner as his successor Peethadhipathi and intimated the said nomination on the same day to the Dharmika Parishad by way of a letter sent under certificate of posting. It is further submitted that the nomination of the 1st petitioner as the permanent Peethadhipathi and the 2nd petitioner as the temporary Peethadhipathi under the Will dated 10.11.2018 was also intimated to the Dharmika Parishad.

(3.) The petitioners have now approached this Court on the ground that the 2nd respondent had issued proceedings in Rc.No.DPCELL/COE-25030(31)/152021, dated 12.06.2021, under Section 52 of the Endowments Act, appointing the Assistant Commissioner, Endowments Department, Kadapa as a fit person under Section 51 of the Endowments Act to take over the administration of the Mutt.