Ramachandran Nair, J. The substantial challenge in this writ petition is against Exts.P2 and P4 orders which are passed by respectively by the second respondent Deputy Commissioner and in appeal by the first respondent Commissioner.

2. The question involved is whether the second respondent Deputy Commissioner has the power to declare a religious institution as a public temple defined under Section 6(17) of the Hindu Religious and Charitable Endowment Act (Madras) [for short 'HR & CE Act'], which according to the petitioners is lacking under Section 57 of the HR & CE Act.

3. The first petitioner is a hereditary trustee of Panayankulangara Bhagavathy Temple in Chavakkad Taluk which is owned by a family known as Manjulavil family. The second petitioner is his brother as well as his power of attorney holder. According to the prevailing system, the senior most male member of the family is the hereditary trustee. It is their case that the temple is situated in the property of the Manjulavil tharavad which is kept as a common property and remain unpartitioned.

4. Adversities have been caused due to the implementation of the Land Reforms Act, as the family lost many of their pro