Prl. Secy., Endowments And 3 ORS. v. Guduru Ramalingeshwara Rao And 2 ORS.

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN W.A.No.1201 of 2016 JUDGMENT: (per HCJ) This writ appeal is by respondents 1 to 4 in the writ petition W.P.No.14281 of 2015.

The State Government;

through Commissioner Endowments Department; Deputy Commissioner and the Assistant Commissioner of that Department are the appellants.

2. Sri Parvati Sametha Ramalingeswara Swamy Temple, Rajupeta Village, Pedapadu Mandal, became the subject matter of the writ petition, in as much as an Executive Officer of another temple and who is on the pay roles of the Endowments Department was brought in, to be the sole trustee of the said temple. The learned Single Judge set aside such appointment.

3. In this appeal by the Department, the learned counsel for the appellants pointed out the different contentions raised in the memorandum of appeal and argued that the statutory provisions enabled the appointment of single trustee. However with the passage of time, we think that this issue is not to be debated in this writ appeal, when the term of such appointment is over and admittedly, the Department has taken steps to constitute the Board of Trustees for the temple. Though the writ petitioners' contention is that the term of the single trustee is an appointment made until further orders, that is a matter, on which we do not have to embark upon in this writ appeal in view of the aforesaid situation.

HCJ & VRS,J W.A.No.1201/2016

4. For the aforesaid reasons, noticing that this matter has essentially become infructuous, we close this writ appeal without prejudice to the prosecution of the aforenoted writ petition. There shall be no order as to costs.

5. We record the submission made on behalf of the writ petitioners that yet another writ petition W.P.No.26747 of 2018 has been instituted challenging the proposal to have a Board of Trustees instead of a single trustee.

6. As a sequel, miscellaneous petitions pending in this writ appeal, if any, shall stand closed.

____________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ.

_________________________ V.RAMASUBRAMANIAN, J.

2nd August, 2018 Js.

HCJ & VRS,J W.A.No.1201/2016 HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN W.A.No.1201 of 2016 (Per HCJ) 2nd August, 2018 Js.