1. S.39(2) of the Madras Hindu Religious and Charitable Endowments Act, 1951 reads:

"39. (I) (2) Where, in the case of any such institution having a hereditary trustee or trustees, the Commissioner after notice to such trustee or trustees, and after such enquiry as as he deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be properly managed by the hereditary trustee or trustees, the Commissioner may, by order appoint such number of non-hereditary trustees as he thinks necessary, so however that the total number of trustees does not exceed five.".

The power of the commissioner under S.39 (2) could be exercised by an Area Committee which has jurisdiction in the area. This is the provision in S.41 (1) of the Act.

2. Sree Thekkiniyedath Siva Temple, Kinavallur is one in respect of which the Area Committee had jurisdiction. In exercise of the power of the Area Committee a notice was issued to the petitioner, the hereditary trustee of the temple. In this the trustee was called upon to show cause why non-hereditary trustees should not be appointed for the temple as provided in S.39 of the Act for its better man