HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24700 of 2002 Date: 08-12-2011 Between S.Padmanabhaiah … Petitioner and The Commissioner of Endowments, Andhra Pradesh, Ramkote, Hyderabad and 2 others … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24700 of 2002 Order: Heard Sri K.Ratnam, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents 1 to 3. 2. This writ petition is filed seeking a direction by way of mandamus to declare the action of the respondents in interfering with the performance of poojas and other ceremonies to the family deity of the petitioner, by name Sri Maremma Devata at their place of worship, situated at Gundalapally village, Railway Koduru Mandal, Cuddapah district, as illegal and arbitrary. 3. It is the case of the petitioner that the deity, by name Sri Maremma Devata is their family deity and the place of worship of the said deity is in their own lands. It is being used for performing poojas without any hundi collection. In this writ petition, it is the grievance of the petitioner that on 29-11-2002 the Inspector, Endowments Department, Rajampeta, inspected the premises and obtained his signatures forcibly to show that he was collecting amounts by arranging hundi, at the place of worship. Alleging interference by the respondents with their family deity illegally, this writ petition is filed in the year 2002. 4. At the stage of admission, this Court granted direction to the 3rd respondent, not to interfere with the performance of poojas and other ceremonies of the family deity of the petitioner, by name Sri Maremma Devata. The said interim order is continued all along though the writ petition is of the year 2002. So far, no Counter-Affidavit is filed by any of the respondents. 5. In this writ petition, it is contended by the learned counsel for the petitioner that as the said place of worship is a private place in their own lands, which is being used for their family members’ worship, in that view of the matter, there is no right or authority to the respondents to interfere with their performing poojas and other ceremonies to the said deity. 6. On the other hand, it is submitted by the learned Assistant Government Pleader for Endowments that if the place of worship of the deity Sri Maremma Devata is not covered by Charitable and Religious Institutions, it is for the petitioner to approach the appropriate authority for a direction to that effect under the provisions of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’). 7. In this case, it is to be noticed that except the allegation of interference, no other material is placed on record to show that there is interference by the respondents. In any event, if the petitioner is performing poojas and worship to the said deity by collecting any amounts illegally, in violation of the provisions of the Act, while it is open to the respondents to take steps under the provisions of the said Act, but, at the same time, without issuing any notice and conducting enquiry, the respondents cannot interfere in that manner. 8. In that view of the matter and in the absence of any written proceedings issued by the respondents, I deem it appropriate to dispose of the writ petition directing the respondents not to interfere with the performance of poojas and other ceremonies of the deity of the petitioner, namely, Sri Maremma Devata, as otherwise in due process of law. It is made clear that if the activities of the petitioner at the place of worship of the above said deity are in contravention of the provisions of the Act, this will not preclude the respondents to take steps against the petitioner in accordance with law. 9. Subject to the above directions, the writ petition is disposed of. No costs. _______________________ R.SUBHASH REDDY, J. 08th December, 2011. Ak HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24700 of 2002 08th December, 2011. (Ak)