IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 666 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/04/2009 in WP NO : 22395 OF 2008 on the file of the High Court.) Between: Poojari Narayana S/o. Nallappa Old Town, Ananthapur, Ananthapur District. ..... APPELLANT AND 1 The Deputy Commissioner, Endowments Department, Kurnool. 2 The Assistant Commissioner, Endowments Department, Ananthapur. 3 The Board of Trustees, Sri Nallalamma Devatha Temple, Old Town, Ananthapur, rep. by its Chair Person. 4 A.Narasimhulu S/o. A.Narasappa D.No. 26/92, Old Town, Ananthapur Mandal & District. .....RESPONDENTS Counsel for the Appellant:MR.V.VENUGOPALA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) Aggrieved by the order, dated 17.04.2009 made in WP No.22395 of 2008 by a learned Single Judge, dismissing the writ petition and directing the respondent No.3 to hold an enquiry against the appellant and pass appropriate order within a period of six weeks, the present Writ Appeal is filed. There is long standing dispute with regard to the right to perform Archakatvan in Sri Nallalamma Devatha Devasthanam, Old Town, Ananthapur between the appellant and the fourth respondent. The appellant is also said to be performing Archakatvam by force. While so, the appellant filed the above writ petition assailing the order dated 25.9.2008 passed by the 3rd respondent, whereby he was placed under suspension pending enquiry on the allegation that he was rendering Archakatvam, by consuming liquor and had been misbehaving with the devotees on 31.12.2006 which happened to be Vaikunta Ekadasi Festival day. The same is recorded in the C.Ds. and perused by the Members of the Trust Board before placing the appellant under suspension. The learned Single Judge adverting to the respective contentions of the parties, while observing that mere quoting of Sec. 37 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 does not alter the nature of order of suspension and that it shall be considered as an order of suspension pending enquiry, has declined to interdict the interim suspension and accordingly dismissed the writ petition and directed the respondent No.3 to hold an enquiry against the appellant and pass appropriate orders after completion of the same, within a period of six weeks. Aggrieved by the said dismissal of the writ petition, the writ petitioner preferred this Writ Appeal. The Trust Board has taken a various note of the conduct of the appellant in performing Archakatvam after consuming liquor on Vaikunta Ekadasi Festival day and hence ordered for his immediate suspension before holding enquiry. Therefore, the learned Single Judge is right in holding that it shall be considered as an order of suspension pending enquiry. Having gone through the impugned order passed by the learned Single Judge, we do not find any illegality warranting interference. It is submitted that the fourth respondent is appointed in place of the appellant. Therefore, without adverting to the merits of the contentions raised by the learned counsel on either side, we propose to direct the third respondent to complete the enquiry, as ordered by the learned Single Judge, within a period of three months from today. With the above directions, the Writ Appeal is dismissed. No order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar June 16, 2009 MAS.