IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND FIVE

PRESENT

THE HON'BLE MR JUSTICE GODA RAGHURAM

WRIT PETITION NO : 13234 of 2005

Between:

Smt. Soumini Reddy, W/o. M. Madhuudan Reddy, H.No.2-788, Satyanarayanapuram, Kongareddypally, Chittoor District.

..... PETITIONER

AND

• 1 The Assistant Commissioner, Endowments Department, Chittoor.
• 2 The Deputy Commissioner of Endowments Department, Chittoor.
• 3 The Commissioner, Endowments Department, Govt of A.P., Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Certiorari declaring the action of the 1st respondent in having constituted a new nonhereditary Trust Board for Sri Lakshmi Narasimha Swamy Temple as illegal, ultravires and unconstitutional and conseuently quash the proceedings of the 1st respondent alleged to have been issued in R.C.No.B1/465/2005, dt. 7.3.2005 and the one issued in R.C.No.B1/465/2005, dt. 11.4.2005.

Counsel for the Petitioner: MR M RAMA NARASIMHULU Counsel for the Respondents: GP FOR ENDOWMENTS

The Court made the following :

ORAL ORDER

The grievance in this writ petition is moot. The petitioner is admittedly a former Chairman of the Trust Board of Sri Lakshmi Narasimha Swamy Temple, Develampet, Pulicharla Mandal, Chittor district. By the proceedings of the 1 st respondent-Assistant Commissioner, Endowments Department, Chittor, the petitioner was called upon to handover the complete charge of the accounts and records of the subject temple to the newly elected Chairman immediately and report compliance. The particulars of the alleged newly elected Chairman have not been intimated to the petitioner nor the fact of a new Trust Board having been constituted. Faced with the dilemma, to whom the charge should be handed over in the absence of any intimation by the respondent, the petitioner addressed the respondent by two registered letters dated 23-04-2005 and 18-05-2005 requesting the respondent for information as to the composition of the new Trust Board and identity of the person who is appointed as Chairman so as to enable the petitioner to comply with the directive of the respondent contained in the letter dated 11-04-2005. The petitioner's grievance is that there is no response from the respondent.

In the aforesaid circumstances, if the respondent chooses to keep the identity of the newly appointed Chairman confidential from the petitioner, the petitioner cannot handover the charge of the records of the subject temple and will not therefore be at fault for not complying with the order of the respondent, dated 11-04- 2005. The fact that the respondent has not communicated to the petitioner the identity of the newly appointed Chairman, does not make out a legal grievance, at this point of time. If, as and when any action is initiated by the respondent against the petitioner for not complying with the order dated 11-04-2005 without the respondent communicating to the petitioner the identity of the new Chairman, then the petitioner has adequate remedies to proceed against the respondent in an appropriate forum.

For the aforesaid reasons, the writ petition is premature and is dismissed accordingly. No order as to costs.

GODA RAGHURAM,J

__________________

28 TH JUNE 2005

*TSNR

To

• 1 The Assistant Commissioner, Endowments Department, Chittoor.
• 2 The Deputy Commissioner of Endowments Department, Chittoor.
• 3 The Commissioner, Endowments Department, Govt of A.P., Hyderabad.
  • 4. Two CCS to G.P for Endowments, High Court Buildings, Hyderabad(OUT)
  • 5. Two C.D.Copies.