S. Velu Pillai, J.

1. The two petitioners and others made three applications, Exts. R 1 to R 3, to the Cochin Devaswom Board, the first respondent, for a declaration under S.114 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, which may be referred to hereafter as the Act, that the Azheekal Sri Varaha Devaswom Temple, which may be referred to hereafter as the Temple, is not an 'institution' within the meaning of the Act. S.114, sub-s.(1), (2) and (3) of the Act reads as follows:

114(1). "If any dispute arises as to whether any institution falls within the term 'institution' as defined in Part II of this Act, such dispute shall be decided by the Board and the decision of the Board shall be published in the Gazette."

(2). "Any person affected by a decision of the Board under sub-s.(1) may within six months from the date of publication of the decision of the Board in the Gazette, institute a suit in the court to modify or set aside such decision".

(3). "Subject to the final decree in the suit provided for in sub-s.(2), the decision of the Board shall be final."

An institution is defined by S.61(6) of the Act, the material part of which reads as follows :

61(6). "In