JSN CHOWDHURY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The action of the Government of Andhra Pradesh and Tirumala Tirupathi Devasthanams (T.T.D.) according sanction to release Rs.25 crores for the scheme of supply of water from Kailasagiri Reservoir to Tirupathi Town; Rs. 12 crores for the scheme of under-ground drainage in Tirupathi Town and Rs.12.10 crores for the development and maintenance of 10 roads in and around Tirupathi Town from the funds of T.T.D. is under challenge in this writ petition by way of public interest litigation mainly on the ground that the funds of Hindu Religious Institutions like T.T.D. cannot be diverted for secular purposes.

(2.) Sri S. Ramachandra Rao, learned senior Advocate appearing for the petitioner, Sri J.S.N. Chowdary, a resident of Guntur, in his usual emphatic style maintains that there is constitutional bar on the Government as well as T.T.D. to expend the funds of T.T.D. for the aforesaid purposes, which according to him, are essentially secular in character. To buttress his submission, he places strong reliance on Articles 25 and 26 of the Constitution of India.

(3.) Article 25 guarantees to all persons in India "Freedom of conscience and the right to freely profess, practice and propagate religion" subject to restrictions imposed by the State on public order, morality and health and other provisions of Part-III of the Constitution.