M.G. CHARY AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.

A                          M.G. CHARY AND ORS.
                                        v.
        THE GOVERNMENT OF ANDHRA PRADESH AND ORS.

                                  MAY 9, 1997

B               [K. RAMASWAMY AND D.P. WADHWA, JJ.]

         Andhra Pradesh Charitable and Hindu Religious Institutions & Endow-
    ments Act, 1987: Sections 34(2) and 144.

C         Hindu Law-Shri Padmavathi Ammavari Temple-Archakas and                  .....
    Mirasidars-Abolition of hereditary right of appointment-But such officers
    desirous of continuing perfonnance of poojas in tenns of gradation of ar-
    chakas like the one approved in respect of the TTD employees-Direction to
    them to make representation to TTD-TTD to take appropriate decision.

D          While upholding the constitutional validity of various provisions of
    the Andhra Pradesh Charitable and Hindu Religious Institutions and
    Endowments Act, 1987 this Court held that abolition of hereditary rights
    of archakas and other office holders was not unconstitutional*. Conse-
    quently the mirasidars of Shri Padmavathi Ammavari Temple, Tiruchanur
E   lost their hereditary rights. However some of them are desirous of continu-
    ing performance of poojas and rituals. Hence this application.

          Disposing the application, this Court

          HELD : Under Section 142 of the Andhra Pradesh Charitable and
F Hindu Religious Institutions & Endowments Act, 1987, the abolition of
  hereditary right shall not affect any honour to which any former hereditary
  holder of office of Shri Padmavathi Ammavari Temple is entitled by custom.
  The performance of the religious ceremonies, poojas and worship in
  religious institutions according to the samparadayams and Agamas fol-
G lowed therein is protected. Therefore, if the Archakas/Mirasidars are
  desirous of continuing performance of poojas and rituals in their capacity as
  archakas, in terms of gradation of the archakas like the one approved in
  respect of the TTD employees, they may be appointed in the respective
  gradations by being treated as employees of Ammavaru Devasthanam. The
  mirasidars are directed to make a representation to the TTD. TTD would
H consider, if necessary, in consultation with th~tate Government and Com-
                                        362
           M.G. CHARYv. GOVT. OF AP. (K.RAMASWAMY,J.]                  363

missioner of Endowments and resolve their problems, if any, and make ap·     A
propriate decisions and appointment or orders in that behalf.
                                                         [364-C-H; 365-A]
      *A.S. Narayana Deekshitulu v. State of Andhra Pradesh & Ors., [1996]
9 sec 548, referred to.
                                                                             B
      CIVIL ORIGINAL JURISDICTION : I.A. No. 4

                                    IN

      Transfer Case No. 175 OF 1988.
                                                                             c
      (U oder Article 226 of the Constitution of India.)

      D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, C.
Mukund, T.V. Ratnam, B. Kanta Rao, K. Ram Kumar, C.
Balasubramaniam, Mrs. Asha Nair, V. Balaji, N. Ganpathy, A.T.M. Sam-
path, Ms. Madhu Moolchandani, S. Markandeya, Mrs. Chitra Markandeya,         D
Ms. Meenakshi Aggarwal, A. Subba Rao, A.D.N. Rao, V. Balachandran,
Jain Hansaria & Co., P.N. Ramalingam, B. Parthasarthy, Y.P. Rao, Sad-
hana Ramachandran, Ms. B. Sunita Rao and Ms. H. Wahi, for the appear-
ing parties.

      The Judgment of the Court was delivered by
                                                                             E

       K. RAMASWAMY, J. Five former hereditary Mirasidars of Shri
Padmavathi Ammavari Temple, Tiruchanur, have stated that the daily and
periodical pooja and other sacred rituals are being performed according
to pancharatra Agamas. They are performed every day by each family F
through the deputies and themselves personally by a rotation on year to
year basis. Shri Padmavathi Ammavari Temple, Thiruchanur was being
managed by five families. They were responsible for the maintenance and
cleaning the sanctum sanctorum and inner prakaram personally or through
the deputies. Pooja is performed personally by one of the members of the
family. They were responsible for safety of the jewellery and other valuables G
in the temple. After the judgment was rendered, they have suddenly been
dispossessed of all the religious duties and other custodial responsibilities.
It is the tradition and belief that Ammavaru is their family sister and out
of "devotion to their sister, they are assiduously performing daily worship
of the deity with all religious fervor and devotion even many a time at their H
    364                  SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.

A   own expenses. Apart from the five, there are other nine qualified Archakas
    but all are prevented arbitrarily to perform the duties of Archaka. They
    are not permitted even to enter the temple. The Scheme may be framed
    with similar directions with regard to. the Mirasidars or Pedda Jeeyangar    •
    or Chinna Jeeyangar, as the case may be, which would be applicable to
    TTD.
B
         By operation of Sections 34(2) and 144 of the Andhra Pradesh
  Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for
  short, the 'Act'), all the hereditary rights stand abolished. The con-
  stitutionality of the said provisions has since been upheld; the Mirasidars
C of Shri Padmavathi Ammavari Temple. Tiruchanur have lost their
  hereditary rights. Under Section 142 of the Act, the abolition shall not
  effect any honour to which any former hereditary holder of office of Shri
  Padmavathi Ammavari Temple is entitled by custom. The performance of
  the religious ceremonies, Poojas and worship in religious institutions ac-
D cording to the samparadayams and Agamas followed therein is protected.
  It has already been held in A.S. Narayana Deekshitulu v. State of Andhra
  Pradesh & Ors., [1996] 9 SCC 548, that the secular administration shall vest
  in the TTD which does not interfere with religious or spiritual functions
  including those relating to performance of_ the religious worship,
  ceremonies etc. therein. They are required to be conducted through Ar-
E chakas who have been rendering service prior to the abolition. Therefore,
  if the Archakas/Mirasidars are desirous of continuing performance of
  poojas and rituals in their capacity as archakas, in terms of gradation of
  the archakas like the one approved in respect of the TTD employees, they
  may be appointed in the respective gradations by being treated as
p employees of Ammavaru Devasthanam; who do it in the same way as the
  Archakas/Mirasidars of TTD. They perform pooja and religious
  ceremonies in Shri Padmavathi Ammavari Temple at Tiruchanur. This
  Court is aware of their religious fervor, dedicated devotion and sincerity
  with which the erstwhile mirasidars conducted their duties, performed
  daily, periodical or special poojas or festivals to Shri Padmavathi Am-
G mavaru. Some of them are practising as advocates at the Bar. Therefore,
  we hope and trust that the TTD would appoint them with equal gradations
  as is being done in TTD and appoint them in the respective gradations of
  the archakas needed in Shri Padmavathi Ammavari Temple. In that behalf,
  when we- suggested, Shri P.P. Rao has fairly stated that the former
H mirasidars should make a representation to the TTD and the Government.
              M.G.CHARYv. GOVT.OF AP. [KRAMASWAMY,J.]                 365

    They would look into the matter and resolve any of the problems the A
    mirasidars have in that regard. The mirasidars are directed to make a
    representation to the TTD. TTD would consider, if necessary, in consult-
    ation with the State Government and Commissioner of Endowments and
    resolve th~ir problems, if any, and make appropriate decisions and ap-
    pointment or orders in that behalf.
                                                                             B
         The I.A. is accordingly disposed of.

    T.N.A.                                           Petition disposed of.


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