TATIKONDA BRAHMA LINGA SWAMY Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is a member of founder's family of Sri Venkateswara Swamy Temple, Narasipatnam Village and Mandal, Viaskhapatnam District. He has filed this Writ Petition questioning the orders of the Commissioner, Endowments Department, the 1st respondent herein, in proceedings D.Dis. No. B3/10588/2003, dated 11.03.2003, authorizing the Executive Officer to permit devotees to perform annual Kalyanam and other sevas by paying Rusum (fees) of Rs. 300/- along with the family of Chairman and Founder Trustee of the subject temple. The case of the petitioner is that Sri Venkateswara Swamy Temple was founded by his ancestor during 1902 and after the lifetime of the founder, the temple came under the management of his sons and grandsons. The petitioner pleads that ever since the temple had been founded there has been a practice and usage to perform "Kalyana Mahotsavam" by the members of Thatikonda family during the celebration of annual Brahmotsavam by reciting the gotram and name of the member of the founder's family. In view of the practice and custom, according to him, nobody else except the petitioner is entitled to perform Kalyana Mahotsavam. Therefore, the impugned order, which has permitted the devotees to perform the Kalyanam, is not legal and valid.

(2.) Deputy Commissioner, Endowments Department, Visakhapatnam, the 2nd respondent herein, has filed counter affidavit. Though it is not disputed that the temple was founded by Thatikonda family, the counter states that members of the family did not evince any interest in maintaining the temple. The temple became dilapidated requiring renovation. A committee was therefore constituted vide proceedings of the Commissioner of Endowments, dated 08.09.1972 for the said purpose. Amounts were raised from various sources including TTD, Government Common Good Fund, Sri Jaganmohini Kesavaswamy Devasthanam Ryali, Pithapuram Choultry Samsthanam, Andhra Bank and several other philanthropic persons in addition to the donations given by the general public. With the amounts raised from these sources, the temple was renovated and later Kalyana Mandapam was constructed on the Southern side of the temple by the Viswa Hindu Parishad. After the renovation, Trust Board was created by the competent authority in the year 1975 for managing the affairs of the temple and since then the temple is being managed under the administrative control of the Trust Board. The counter further states that participation of devotees during the time of Annual Kalyana Mahotsavam is being performed at Kalyana Mandapam of Sri Swamy Rama Utsava Vigraham within the compound of the temple premises, but not at the "Garbhalaya or Sanctum Sanctorum". The founder trustee along with family will sit before the Utsava Vigrahams along with Archaka on the stage at the time of Kalyanam and the devotees will be allowed to sit in the hall.

(3.) As regards the alleged practice, custom and usage, the counter states that the subject temple was registered under Section 38 of the repealed Endowments Act 17/66 by the Assistant Commissioner, Endowments Department as per the prescribed procedure and orders were issued in Rc.Dis. No. A3, dated 08.03.1982. The said registration discloses that there is no practice, custom or usage exclusively giving rights to the petitioner to perform the Kalyana Mahotsavam. The petitioner is not vested with any right in this regard and his claim is unfounded. Thus, according to the 2nd respondent, the petitioner is not entitled to prevent devotees from performing Kalyana Mahotsavam as per the impugned order.