THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.15805 of 2009 ORDER: The petitioner claims to be the Managing Trustee of Sri Seeta Ramalayam Devasthanam, Uradalapalem Village, Komarru Post, Attili Mandal, West Godavari district. He feels aggrieved by a notice, dated 13.07.2009, issued by the Deputy Commissioner of Endowments, Kakinada, respondent No.2 herein, inviting applications for the purpose of appointment of Trustees to the Temple. He contends that the Temple is not at all governed by the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) and that the steps taken for constitution of a Trust Board are untenable. The writ petition was listed for admission in August, 2009 and the learned Government Pleader for Endowments took notice. During the pendency of the writ petition, a Board was constituted. The petitioner filed applications to implead the Trustees of the Board as well as to amend the prayer. Heard the learned counsel for the petitioner and the learned Government Pleader for Endowments. The petitioner asserts that the Temple was not notified as required under the Act and as such, the respondents do not have jurisdiction to appoint Trustees to the Temple. In this context, Section 87 of the Act becomes relevant. It provides for adjudication of disputes of this nature, namely whether an institution or endowment is a charitable institution or endowment or other allied questions. When the very character of the Temple is at stake, the only course open to the petitioner is to seek remedy under Section 87 of the Act. In case it emerges that the institution is not covered by the provisions of the Act, the very appointment of the Board becomes untenable. Therefore, the writ petition is disposed of, leaving it open to the petitioner to avail the remedy under Section 87 of the Act. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt: 20.04.2010. kdl