HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.2687 of 2010
ORDER:
There is no representation for the petitioners. The petitioners seek a direction to the 6th respondent-Sri Kukkuteswara Swamy Vari Devasthanam, Pithapuram, E.G. District to permit them to perform two programmes, viz., Lingodbhavakala Abhishekam and Kumkumarchana Pooja on Mahasivaratri day, which fell on 12.02.2010 and for conduct of such ceremonies thereafter.
This Court had passed an interim direction on 10.02.2010. In these interim directions, it was recorded that right of the ancestors of the petitioners for claiming such exclusive rights was initially allowed by the Principal District Munsif, Peddapuram in O.S.No.94 of 1956, which was decreed on 17.12.1957. However, this judgment stood reversed by the judgment of the Subordinate Judge, Kakinada, dated 12.12.1959 in A.S.No.57 of 1958 and the said order was confirmed by the erstwhile High Court for the State of Andhra Pradesh by way of judgment in S.A.No.164 of 1960 dated 18.07.1963. This Court, had also observed in the very same interim order that similar claims, made by the other members of the Malayala family, to which the petitioners belonged, were dismissed by order dated 09.02.2010 in W.P.M.P.No.675 of 2010 in W.P.No.27420 of 2008 and that the petitioners have not got this right adjudicated anywhere.
A perusal of the material filed along with the writ petition would show that there are complicated questions of fact which required to be decided before any conclusion can be drawn in the present writ petition.
2 RRR,J.
W.P.No.2687 of 2010
Section 87 (1) (e) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') provides for an alternative remedy before the Endowments Tribunal for a decision as to whether the petitioners are entitled for such custom or honour.
In view of the presence of an effective alternative remedy and in view of the fact that complicated questions of fact are required to be decided, it would be appropriate to dispose of this writ petition leaving it open to the petitioners to approach the Endowments Tribunal, if they so choose, to agitate their rights. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________ R. RAGHUNANDAN RAO, J th 27 October, 2021 Js 3 RRR,J.
W.P.No.2687 of 2010 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.2687 of 2010 27th October, 2021 Js