RATNAM SUNDARA RAJU Vs. SRI RAJA RAJESWARI AMMAVARI DEVASTANAM, DURGA MITTA, NELLORE DISTRICT AND ANOTHER

JUDGEMENT

(1.) Since the 1is is between the parties common to both the writ petitions, for the sake of convenience, they are arrayed as referred to in Writ Petition No. 20607 of 2010.

(2.) Proceedings of the 1st respondent dated 14.6.2010 allowing the 4th respondent to continue as the Founder Family Member in respect of the 3rd respondent Sri Raja Rajeshwari Ammavari Devasthanam, Durga Mitta, Nellore is challenged on the ground that it is the 2nd respondent Dharmika Parishad which alone is competent to take any action in accordance with Sec. 28 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (henceforth, referred to as 'the Act').

(3.) The case of the petitioner is that the 4th respondent and himself are brothers and they are the founder family members of the 3rd respondent temple. In accordance with Sec. 15 of the Act, by following the rotation system, both of them have been discharging the functions as founder family members of the 3rd respondent temple. Vide G.O. Rt. No. 1363, dated 6.9.1996, the petitioner was also nominated as a member of the Trust Board. While so, after 2008, he was not allowed to function as a member of the founder family. Hence, the petitioner filed Writ Petition No. 5266 of 2009 seeking a direction to the Executive Officer to permit him to function as a member of the founder family of the 3rd respondent temple, on rotation basis, along with his brother i.e., the 4th respondent. Meantime, the Commissioner of Endowments vide proceedings dated 19.3.2009 framed certain charges against the petitioner. Questioning the same, the petitioner filed Writ Petition No. 23748 of 2009, which was allowed on 4.11.2009. The 4th respondent also filed Writ Petition No. 5457 of 2009 to permit him to function as a member of the founder's family in view of the charges levelled against the petitioner.