Veeraswami, C.J.- The Court of Subordinate Judge of Thanjavur at Mayurarn, in O.S. No. 14 of 1919, settled a scheme for management of Sri Viswanathaswami temple of Devanoor village. A Board of Trustees was constituted under this scheme which inter alia provided that, if any vacancy occurred by death or resignation or removal, it should be filled up by the majority of the resident villagers of Deveanoor. In 1961, three persons were elected by the residents, of whom one Veeramuthu Padayachi was the managing trustee. He died in February, 1961 and it was said that, on 5th March, 1961, the first respondent was elected in that vacancy. The other two trustees relinquished office due to old age and the Assistant Commissioner, Hindu Religious and Charitable Endowments, appointed respondents 2 to 5 as trustees of the temple. Alagiriswami, J., quashed this order. The learned Judge took the view that, so long as the scheme stood unamended, the Assistant Commissioner had no power to appoint any trustees of the temple. He was also of the view that section 118 (2) (b) (ii) could not be relied on by the Assistant Commissioner, as it was irrelevant to the consideration of the question that arose in

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