IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI - (Special Original Jurisdiction) TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA WRIT PETITION NO: 31285 OF 2024 Between: Ratnam Krishna Murthy, S/o Late Chinnappa Ratna Swamy Mudiliyar Aged about 62 years, Occ- Business C/o P. Gangadhar Reddy, D.No.23/826, Ramesh Reddy Nagar, Neilore, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Endowments Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department(A.P), Gollapudi Vijayawada, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, one more particularly in the nature or writ of Mandamus declaring the action of the 1st respondent in not declaring the petitioner as founder family membar of Sri Raja Rajeswari Ammavari Temple, Durgamitta, Nellore, SPSR Nellore District by considering petitioners application dated 28.11.2024 as bad, illegal, arbitrary, without Jurisdiction and violative of Articles 14, 21, 25 and 26 of Constitution of India and consequentially direct the 1st respondent to declare the petitioner founder family member of Sri Raja Rajeswari Ammavari Temple, Durgamitta, Nellore, SPSR Nellore District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be respondent to consider the petitioners St pleased to direct the 1 representation dated 28.11.2024 Counsel for the Petitioner(s): SRI. D V SASIDHAR Counsel for the Respondent Nos.1 & 2: GP FOR ENDOWMENTS The Court made the following: ORDER 1 APHC010600122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) s [3310] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 31285/2024 Between: Ratnam Krishna Murthy ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.D VSASIDHAR Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- "...may be pleased to issue a writ, order or direction more particularly in the nature or writ of Mandamus declaring the action of the respondent in not declaring the petitioner as founder family Sri Raja Rajeswari Ammavari Temple, Durgamitta, Nellore SPSR Nellore District by considering petitioners application dated 28.11.2024 one member of as bad, illegal, arbitrary without Jurisdiction and violative of Articles 14, 21, 25 and 26 of 2 St Constitution of India and consequentially direct the 1 respondent to declare the petitioner founder famiiy member of Sri Raja Rajeswari Ammavari Temple, Durgamitta, Nellore SPSR Nellore District and pass...”. The case of the petitioner in brief is that the father of the 2. petitioner Chinnappa Ratna Swamy Mudilyar has constructed Sri Raja Rajeswari Ammavari Temple, Durgamittta, Nellore in the year 1968 out of his own funds and sought declaration as founder trustee. To that effect, he has filed O.A.No.35 of 1985 as per 1966 Act and he was declared as such by the Deputy Commissioner, Endowments Department, Guntur District on 27.03.1986. After the death of his father, one of his brothers Ratnam Sundaraju got declared as founder family member on 05.12.1996 and he was managing the temple. Thereafter, the elder brother Ratnam Jayaram has submitted application to declare him as founder family member. The application filed by his eldest brother Sri Ratnam Jayaram was allowed by the office of the Commissioner, Endowments Department vide proceedings in Rc.No.C3/20126/2002, dated 23.09.2002. In the said proceedings, the so called applications seeking petitioner declaration as founder family member which was submitted by Ratnam Sundar Raju was rejected on the ground that he did not file any documents. The petitioner has not submitted any application along with his brother Ratnam Sundar Raju. But his signature was forged and submitted applications. As per Section 15 r/w. Section 17 of the Act 30/87, it is the 1®' respondent who is the competent authority to declare the petitioner as founder family member as the income of the temple is % / 3 between 1 crore to 5 crores. Explaining the above facts and circumstances the petitioner has submitted a detailed representation to the 1®* respondent 28.11.2024. But the said representation was not considered by the Respondent No.1. Hence, the present Writ Petition is filed. on Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents. 3. 4. On hearing, learned counsel for the petitioner submits that though the petitioner has submitted a representation, dated 28.11.2024 to the 1®‘ respondent, requesting to declare the petitioner as founder family member of Sri Raja Rajeswari Ammavari Temple, Durgamitta, but the 1®* respondent has not considered the said representation, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. Learned Government Pleader for Endowments appearing for the respondents has furnished a copy of the letter, dated 31.12.2024 addressed by the Executive Officer of Sri Raja Rajeswari Ammavari Temple, Durgamitta, Nellore to the District Endowments Officer and Executive Officer. Basing the same, learned Government Pleader submits that the applications submitted by the family members of the petitioners ie.., Sri R.Bala Krishna, R.Krishna Murthy, Smt M.Vasantha, Smt D.Bhuvaneswari, Smt T.Menaka and Smt C.V.Visalakshi are rejected on the ground that their names have not been mentioned in the Will, dated 31.05.1989 executed by the father of the 5. (■ on 4 petitioner. He further submits that in view of the contents of the Will, the request of the petitioner to declare him as founder family member of Sri Raja Rajeswari Ammavari Temple, Durgamitta will be rejected and prayed to dismiss the Writ Petition. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader, Respondent No.1 is directed to 6. consider and dispose of the representation, dated 28.11.2024 submitted by the petitioner within a period of one month from the date of receipt of a copy of this order after giving opportunity to the petitioner herein. With the above directions, this Writ Petition is disposed of. There 7. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- B PRASADA RAO ASSISTAN //TRUE COPY// REGISTj^ SECTTON^FICER R To, 1. The Principal Secretary, Endowments Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Endowments Department(A.P), Gollapudi, Vijayawada, Krishna District. 3. One CC to Sri. D V Sasidhar Advocate [OPUC] 4 Two CCS to GP For Endowments ,High Court Of Andhra Pradesh. [OUT] 5. THREE CD Copies AL 4x HIGH COURT DATED;07/01/2025 ORDER ANOT^ WP.No.31285 of 2024 O O 2 <1 JAN 2025 \o Co Current Section . ^ DISPOSIING OF THE WP WITHOUT COSTS