Kamisetty Venugopala Krishnaiah ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 565 AP

(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE THIRD DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 2415 OF 2021

  

Between:
Kamisetty Venugopala Krishnaiah Chetty, S/o late Venkata Subbaiah Chetty, Hindu,
aged about 55 years, Occ: Advocate, R/o D.No.19-792, Jumma Mazid street, Kadapa,
Kadapa District.
...Petitioner
AND

1. The State of Andhra Pradesh, Rep. by it's Principal Secretary (Endowments),

Secretariat buildings, Velagapudi, Amaravathi

The Commissioner, Endowments Department, Gollapudi, Vijayawada

The Deputy Commissioner, Endowments department, Kurnool, Kurnool district

The Assistant Commissioner, Endowments department, Kadapa, Kadapa district.

Sri Yadalla Pitchaiah Chetty Charities Association, Door No.19/790, Jumma

Masjid Street, Kadapa, YSR Kadapa district Rep. by In charge Executive Officer

Dr. Jwala Chaitanya, S/o Jwala Narasimhulu, Hindu, aged about 50 years, R/o

Plot No. 185/A, MLA Colony, Road No. 12, Banjara Hills, Hyderabad.
...Respondents

AWN

a

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 OF MANDAMUS or any other appropriate Writ, Order or Direction a) to
DECLARE the proceedings in. Re.No.D1/COE-25026/14/2020, dated 12.01.2021
passed by the 2" respondent in recognizing/appointing the 6" respondent as Member
of Founder Family and Secretary to 5" respondent/Sri Yadalla Pitchaiah Chetty
Charities Association, Kadapa, Kadapa district, without following procedure and
conducting discreet enquiry, as illegal, arbitrary, unconstitutional and malafide/colorable
exercise Of power and contrary to section 17 of AP Charitable and Hindu Religious
Institutions and Endowments Act, 1987 r/w Appointment of Trustees Rules, 1987, b)
also to DECLARE the proceedings in RC No.D1/COE-25026/14/2020, dated
12.01.2021 passed by the 2™ respondent declaring petitioner as encroacher and
rejecting his candidature under deemed disqualification under section 19 of Act, 1987,
without giving notice and opportunity of hearing, and pending the OA No. 822/2010 and
402/2013 on the file of Honourable AP Endowment Tribunal, as illegal, arbitrary, without
jurisdiction, malafide/colorable exercise of power and violative of principles of natural
justice and contrary to the provisions of AP Charitable and Hindu Religious Institutions
and Endowments Act, 1987 r/w Appointment Of Trustees Rules, 1987 and c)
consequently command the respondents to recognize the petitioner as member of
founder family of 5th respondent / Sri Yadalla Pitchaiah Chetty Charities Association,
Kadapa town, YSR Kadapa district and appoint as Trustee to subject institution forthwith
in the interest of justice and in the circumstances of the case.

[A NO: 1 OF 2021

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 pleased to suspend the
operation of the order passed by the gnd respondent in proceedings in Re.No.D1/COE-
25026/14/2020, dated 12.01.2021 recognizing/appointing the 6"" respondent as member
of founder family and Secretary to 5"" respondent/Sri Yadalla Pitchaiah Chetty Charities
Association, Kadapa Town, YSR Kadapa District by rejecting petitioner candidature in
the interest of justice and in the circumstances of the case., pending disposal of WP
2415 of 2021, on the file of the High Court.
 

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri P.Rajasekhar, Advocate
for the Petitioner and GP for Endowments for the Respondent Nos. 1 to 4 and Sri Y.Sri
Saila Reddy, Standing Counsel for the Respondent No.5, the Court made the following.

ORDER:

"The 5" respondent is a Charitable Institution recognized under Section 6(b) of the Endowments Act, 1987. The 5" respondent was being managed by a sole trustee, who was recognized as a member of the founder's family. Upon the demise of the said sole trustee, the controversy has now arisen as to who should become the sole trustee of the 5" respondent.

The petitioner claims to be a member of the founder's family relating to the 5" respondent. There are disputes among family members wherein other members of the family were refusing to accept the status of the petitioner as a member of the founder family. As a result of these disputes, the petitioner had filed

0.A.No.402 of 2013 before the Endowment Tribunal for a declaration that he is a member of the founder's family. This application is pending. The petitioner had also filed a suit bearing O.S.No.40 of 2006 on the file of the IV Additional District Judge, Kadapa, for partition of the family properties. In that suit, a specific issue was framed regarding the paternity of the petitioner and the same was answered in favour of the petitioner at paragraph No.19 of the Judgment/decree dated 29.08.2019 passed in the said suit. It also appears that the 5" respondent had filed O.A.No.15 of 2004, which was subsequently renumbered as O.A.No.822 of 2010 against the petitioner and his mother on the ground that they are encroachers of property belonging to the 5" respondent Trust. This application is also pending.

At that stage, the single trustee late Sri Srinivasulu Chetty passed away on 19.09.2020. Upon the demise of the single trustee, the petitioner had made an application to the Deputy Commissioner, Endowment Department, who is arrayed as 3 respondent on 23.09.2020 for being recognized as a member of the founder family of the 5" respondent. Thereafter, the petitioner again made a representation dated 05.10.2020 to the Commissioner Endowment Department, who is arrayed as 2™ respondent. In this application, the petitioner sought appointment to the post of Trustee-cum-Secretary for the 5' respondent institution. This application only sought appointment as trustee and was not for recognition of the petitioner as a member of the founder family.

It appears that the 6" respondent has also made an application for being recognized as a member of the founder family of the 5" respondent before the 2"¢ respondent.

After considering these applications, the 2"? respondent passed an order dated 12.01.2021, recognizing the 6" respondent as a member of the founder family and appointing him as a Secretary to the 5" respondent institution.

The 2"! respondent had also observed that in view of the pendency of O.A.No.15 of 2004 (renumbered as O.S.No.822 of 2010) for eviction of the petitioner from the property of the subject institution, would preclude any appointment of the petitioner as trustee.

Aggrieved by the said order, the petitioner has approached this Court on the ground that his application cannot be rejected and the 6'" respondent cannot be declared to be member of the founder family as the 6 respondent is a resident of Hyderabad and would not be able to look after the affairs of the 5" respondent in Kurnool.

Sri V.Venugopala Rao, learned counsel appearing for the 6" respondent would point that the competent authority for recognizing members of the founder's family for a 6 (b) institution is the Commissioner Endowments. He submits that as the petitioner chose to file an application for recognition before the Deputy Commissioner and as there is no application for being declared as a founder family member before the Commissioner, the petitioner cannot contend that his application was not being considered.

He further submits that the petitioner is in occupation of the property of the 5"" respondent institution and as such, the disqualification under Section 19 of the Endowments Act would be squarely applicable to the petitioner. He also submits that once the petitioner has chosen to approach the Tribunal for declaration that he is a member of the founder family, the Judgment of civil Court would not be applicable in as much as it is the Tribunal which would have to decide this issue.

It is clear that the petitioner has not made an application for being recognized as a member of the founder family before 2™ respondent, who is the competent authority. The only application, if any, before the 2" respondent was an application to be considered for appointment as a trustee. This was rejected by the 24 respondent on the ground that there is a proceeding pending against the petitioner since 2004 on account of occupation of the property of the 5" respondent by the petitioner.

In these circumstances, there is no prima facie case that is being shown for the Court to interfere in the matter.

Post on 25.02.2021 for counter."

Sd/- A. Surya Prakasa Rao DEPUTY REGISTRAR

Cv ™ IITRUE COPY// SECTION OFFICER

For.

To,

1. The Principal Secretary (Endowments), Secretariat buildings, Velagapudi, Amaravathi, State of Andhra Pradesh The Commissioner, Endowments Department, Gollapudi, Vijayawada The Deputy Commissioner, Endowments department, Kurnool, Kurnool district The Assistant Commissioner, Endowments department, Kadapa, Kadapa district. The In charge Executive Officer Sri Yadalla Pitchaiah Chetty Charities Association, Door No.19/790, Jumma Masjid Street, Kadapa, YSR Kadapa District.

Dr. Jwala Chaitanya, S/o Jwala Narasimhulu, R/o Plot No. 185/A, MLA Colony, Road No. 12, Banjara Hills, Hyderabad. (Addresses 1 to 6 by RPAD) One CC to Sri. P.Rajasekhar, Advocate [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] . One CC to Sri Y.Sai Saila Reddy, Standing Counsel [OUT]

0. One spare copy

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5 PON

MM

~HIGH COURT

RRRJ

DATED:03/02/2021

NOTE: POST ON 25.02.2021 FOR COUNTER

ORDER

WP.No.2415 of 2021

INTERIM DIRECTION