Hyderabad High Court: Consider heirs as Board trustees

Hyderabad: The Hyderabad High Court has held that the institutions or endowments existing at the commencement of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987, and only persons recognised as hereditary trustees or belonging to the family of the hereditary trustees under the Act 1966 are entitled to be considered for appointment as trustees on the Trust Boards.

Justice C.V. Nagarjuna Reddy was allowing a civil appeal by Sri Vallabharayeswara Swamy Temple, Pamidipadu Agraharam village, in Guntur district, represented by Jalasutram Venkata Subbaiah, challenging an order passed by the Endowments Tribunal appointing Bellamkonda Venkata Subrahmanya Sarma as a trustee of the temple.

The judge held that if a person was not recognised either as a hereditary trustee or as a member belonging to the family of the hereditary trustee under the AP Charitable and Hindu Religious Institutions and Endowments Act, 1966, he is not entitled to approach the competent authority under the 1987 Act under Section 87(1)(h).

The judge ruled that if a person was recognised as a hereditary trustee in respect of the institutions referred to in Clause (i) of the Act, it was not necessary for the members of his family to approach the competent authority under the 1987 Act to seek recognition.

The judge said he can straightaway approach the appointing authority for appointment as a trustee.

The judge said in respect of the institutions coming into existence after the commencement of the 1987 Act, a person can approach the competent authority under Section 87(1)(h) of the 1987 Act for recognition either as the founder or as a member of the family of the founder of the institution or endowment.