Andhra Pradesh High Court - Amravati
T.T.D. Kalyanakatta Mirasidars ... vs Thirumala Thirupathi Devasthanams, on 3 February, 2025
APHC010305012012
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
MONDAY ,THE THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 21796/2012
Between:
T.T.D. Kalyanakatta Mirasidars Sangam, Thirumala, ...PETITIONER(S)
and Others
AND
Thirumala Thirupathi Devasthanams ...RESPONDENT
Counsel for the Petitioner(S):
1. A CHANDRAVATHI
Counsel for the Respondent:
1. Sri.A.Sumant
The Court made the following:
//2//
WP.No.21796 of 2012
THE HON'BLE SRI JUSTICE HARINATH. N
WRIT PETITION No.21796 of 2012
ORDER :
1. The petitioners are seeking a direction in the nature of mandamus declaring that members of the 1st petitioner-sangham alone have the exclusive right to render the service of tonsuring to the pilgrims visiting Tirumala and to recruit members to carry- on the service in accordance with the terms of the decree granted by the District Munsif Court, Tirupati in OS.No.450 of 1992 and other directions that the respondent has no authority to appoint any members for the above purpose and also a direction to not regularize the services of any temporary staff.
2. The 1st petitioner is the association representing its members who are tonsuring the heads of the devotees of Lord Venkateswara Swamy at the Kalyana Katta. The association is registered on 07.07.1924 under the name and style Sri Tirumala Kalyana Katta Mirasidars Sangham. It is submitted that since then the members of the 1st petitioner's Sangham were extending the services of tonsuring the heads of devotees. OS.No.450 of 1952 was filed by the 1st petitioner when disputes arose between the 1st petitioner-sangham and the rival claimants. The suit was decreed on 22.02.1954. However, the //3// WP.No.21796 of 2012 respondent without considering the decree passed by the competent court in the suit filed by the 1st petitioner, the respondent was going ahead with engagement of staff for extending the tonsuring of heads service through its employees were either employed directly or employed through an outsourcing contract.
3. Mr.A.Sumant, learned standing counsel for the respondent appearing virtually online submits that the writ petition is not maintainable and submits that the hereditary of Mirasidars were abolished as per Section 34 of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987. It is also submitted by the learned standing counsel for the respondent that Section 160 of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 reads as follows ; Sec.160. Overriding effect of the Act.
(1) Not withstanding any compromise, agreement, scheme, judgment, decree or order of a Court, Tribunal or other authority or any custom or usage governing any charitable or religious institution or endowment of Tirumala Tirupathi Devasthanams, the provisions of this Act shall with effect on and from the date of the commencement of this Act, prevail insofar as they relate to the matters governed by the corresponding provisions in any such compromise, agreement, scheme, judgment, decree or order or any custom or usage and such corresponding provisions shall thereafter have no effect.
(2) Notwithstanding anything in the agreements entered into by the Tirumala Tirupathi Devasthanams represented by the //4// WP.No.21796 of 2012 Executive Officer and Archakam Mirasidars of Tirumala Tirupathi Devasthanams on the 30th May, 1979 or any other agreements of the like nature, the provisions of this Act shall with effect on and from the date of commencement of this Act, prevail insofar as they relate to the matters governed by the corresponding provisions in any such agreements and such corresponding provisions in such agreements shall thereafter have no effect.
4. It is also submitted by the learned standing counsel that in pursuance of an agreement between the Dharmakartha and the respondent during the year 1975 almost all member of Sangham were absorbed into TTD and their services were also regularized with the respondent-Devasthanam.
5. On account of abolition of Mirasidars with the Andhra Pradesh Charitable and Hindu Religious and Endowments Act coming into force with effect from 04.04.1987. The writ petition has outlived its purpose.
6. That apart, the petitioner cannot invoke the jurisdiction of this Court as it is a settled law that Public Law remedy under Article 226 of Constitution of India cannot be invoked for execution of a decree passed by competent civil court in as much as an effective mechanism is provided under CPC. The Hon'ble Supreme Court in Ghan Shyamdas Gupta and another Vs. Anant Kumar Sinha and others1. The Hon'ble Supreme Court held that Public law remedy under Article 226 of Constitution of 1 1991 KHC 1030 //5// WP.No.21796 of 2012 India cannot be invoked for implementation of the orders of a civil court.
7. When the Mirasidars system is abolished after introduction of the Act, 1987 the grievance of the petitioner cannot be adjudicated before this Court seeking a direction to the respondents to implement the decree passed by the District Munsif Court, Tirupati in OS.No.450 of 1952.
8. With these observations, the writ petition is dismissed without costs.
9. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Dated 03.02.2025 KGM //6// WP.No.21796 of 2012 THE HON'BLE SRI JUSTICE HARINATH. N WRIT PETITION No.21796 of 2012 Dated 03.02.2025 KGM