K.S. Radhakrishnan, J.

Whether the suit filed under Sec. 62 (2) of the Madras Hindu Religious and Charitable Endowments Act, 1951, Act 19 of 1951 (for short “the Act”) would tantamount to an appeal filed against the order passed by the commissioner under Sec. 61 of the Act is inter alia the question that has come up for consideration in this case?

2. Appellants herein were defendants 1 to 5 in O.S.No. 107 of 1999. They filed O.S. No. 1 of 1990 before the Deputy Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, filed application for a declaration that Sree. Kannenkavu Bhagavathy temple is a public religious institution within the meaning of Sec. 57 (a) of the Act and also for framing a scheme for administration of the temple. The Deputy Commissioner by his order dated 5.1.1993 allowed the application on the following reasoning.

“Sree Kannenkavu Bhagavathy temple is an ancient temple and its trusteeship vest with Azhuvancherry Mana. It is true that properties were given out to the temple and this property does not yield any income. The temple is one run on mainly on donations received from the public and the poojas and festivals are mainly