M.G. CHARY AND ORS. versus THE GOVERNMENT OF ANDHRA PRADESH AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 362 · Decided: 09-05-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
M.G. CHARY AND ORS. 
v. 
THE GOVERNMENT OF ANDHRA PRADESH AND ORS. 
MAY 9, 1997 
[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 
D 
Mirasidars-Abolition of hereditary right of appointment-But such officers 
desirous of continuing perf onnance 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. 
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. 
CIVIL ORIGINAL JURISDICTION : I.A. No. 4 
IN 
Transfer Case No. 175 OF 1988. 
(U oder Article 226 of the Constitution of India.) 
D.D. Thakur, P.P. Rao, Hardev Singh, Dr. Gauri Shankar, C. 
B 
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 
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 
E 
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 Chin
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