Skip to content


M. Sivarama Naicher and Etc. Vs. Government of Andhra Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. Nos. 8478 of 1981 and 2344 of 1982
Judge
Reported inAIR1983AP7
ActsA.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 - Sections 15(1), 17(1), 17(2) and 77(3); Constitution of India - Article 226
AppellantM. Sivarama Naicher and Etc.
RespondentGovernment of Andhra Pradesh and anr.
Advocates:R. Venugopal Reddy, ;C. Poorniah and ;Government Pleader for Excise
Excerpt:
.....of trustee - sections 15 (1), 17 (1), 17 (2) and 77 (3) of a.p. charitable and hindu religious institutions and endowments act, 1966 and article 226 of constitution of india - trustees were given right to nominate their successor in event of any one of them dying without nominating other surviving trustees were to select and nominate trustees - government exercising its power under section 15 (1) appointed three persons to board of trustees as non-hereditary trustees - such order of government challenged - language used in section 15 (1) to be given a meaning and operation that confines government power of appointment under section to non-hereditary trustees only - hereditary trustee should become members of board of trustees ipso facto along with non-hereditary trustees without..........of sri k. vasudeva rao as commissioner of endowments members of these families were recognised as hereditary trustees for reasons not lawful. one voleti sambamurthy appears to have filed o. a. in the year 1978 under section 77 (c) of the act before the deputy commissioner endowments, kakinada seeking a declaration from the deputy commissioner that the members of lakkaraju, durisetti and pyda families were not and could not be hereditary trustees of m.s. n charities. that dispute is still pending.4. now the government exercising its powers under section 15 (1) of the endowments act passed g.o. ms. 1606 revenue (endowments v-1) department dated 24-10-1981 appointing these persons to the board of trustees as non-hereditary trustees and sri pyda chalamaiah under section 17 (2) of the.....
Judgment:
ORDER

1. M.S. N. Charities, Kakinada was founded by one Malladi satyalinga naicker by his last will and testament in the year 1912. Under the will, he nominated his adopted son Malladi Subramanyam, one P. Govindarajulu, D. Seshagiri Rao pantulu and K. Adeyya Reddy as trustees, giving an additional vote to D. Seshagiri Rao pantulu and K. Adeyya Reddy as trustees, giving an additional vote to D. Seshagiri Rao pantulu and on his demise his adopted son. Each of the trustees was given the right to nominate his successor; in the event of any one of them dying without nominating, the other surviving trustees were to select and nominate the trustees. Under the will the number of trustees was not to be less than two at any time. If at any time, all the trustees die without nominating thier successors. The management of the charities was to vest in the head of the founder's family i.e., naicker's family.

2. In the course of time the offices of all the trustees execpting that of the founder's family passed into the hands of strangers to the original will. After the death of Malladi subramanyam, the adopted son of the founder, Subramanyam's son succeeded as the trustee and after him, his wife functioned as trustee, during the petitioner's minority. After the petitioner attained majority he was recognised as a trustee under section 20 of the Endowments Act 17 of 1966.

3. The other trustees in the office were those belonging to the families of Lakkaraju, Durisetti and pyda. It is complained before me that during the tenure of sri K. Vasudeva Rao as commissioner of endowments members of these families were recognised as hereditary trustees for reasons not lawful. One voleti sambamurthy appears to have filed O. A. In the year 1978 under section 77 (c) of the Act before the Deputy commissioner Endowments, Kakinada seeking a declaration from the deputy commissioner that the members of lakkaraju, Durisetti and Pyda families were not and could not be hereditary trustees of M.S. N charities. That dispute is still pending.

4. Now the Government exercising its powers under section 15 (1) of the endowments Act passed G.O. Ms. 1606 revenue (Endowments V-1) Department dated 24-10-1981 Appointing these persons to the board of trustees as non-hereditary trustees and Sri pyda chalamaiah under section 17 (2) of the Endowments Act as the chairman of the trust Board. G.O. Ms. No. 1606 dated 24-10-1981 reads as follows:

'


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //