Raghavan, J.- The respondents in the Writ petition are the appellants. The appeal arises out of an order of Kailasam, J, in W.P. No. 4047 of 1965 quashing the order of the Deputy Commissioner for Hindu Religious and Charitable Endowments (Administration) Department, Madras-34, holding that “Sri Sai Mandir” situate at Mylapore is a ‘temple’ as defined in section 6 (20) of the Hindu Religious and Charitable Endowments Act, 1959, on the ground that there is no material before the Deputy Commissioner to come to the conclusion that “ Sai Mandir” is a Hindu “ Religious Institution” and that the order of the Deputy Commissioner is vitiated by material errors apparent on the face of the record. The present appeal is against the order of Kailasam, J.

2. The petitioner in the writ petition is the President of the All India Sai Samaj, which was founded in 1941 and was registered in 1956 under the Societies Registration Act, 1865. The objects of the Samaj are the propagation of faith in God with special reference to Sai Baba of Shirdi and his life, teachings, and mission , the diffusion of knowledge regarding Sai Baba, the arrangement of lectures, the carrying on of Bajanas and Harathis for Sai Baba and the construction of buildings for carrying out the aforesaid objects. The Memorandum of Association of the Samaj shows that the Samaj is a voluntary association of persons, membership to which is open to adults belonging to all religions who believe in the worship of Sai Baba of Shirdi. In the Sai Mandir there is no image but worship is carried on to the Sai Baba’s picture. Rule 20 of the Memorandum of Association prohibits the admission of any image for Sri Sai Baba or of any one else into the Mandir. The membership of the Samaj is open as already stated to Hindus, Christians, Parsis and Muslims, who are Sai devotees. The Samaj owes its origin to the propagation of’ Sri Sai Bakthi’ undertaken by one Sri Narasimhaswami who came to Madras in 1940 and who founded the All India Sai Samaj in 1941. A site in Mylapore, Madras was purchased in the name of the Samaj and the present sanctum sanctorum was constructed in 1952. In addition to this Sai Mandir, separate buildings for the free dispensary, reading room and library, book depot and the room where he printing press of the Samaj is situate, were also constructed and the Sai Mandir was consecrated according to the respondents in 1953. In the sanctum sanctorum is kept a picture of Sri Sai Baba of Shirdi and underneath the picture are embedded two stone feet (‘Padas’), of Sri Sai Baba. Daily Pooja, Archana and Harathi are performed with the recital of Sri Sai Ashtothara Namavalies composed in praise of Sri Sai Baba. Sai Devotees drawn from all religions, castes, creed and communities visit and worship in the Sai Mandir. The affairs of the Samaj, as already stated, are vested in the Executive Committee of the Samaj. The temple and its properties were made over to the Sai Samaj by Sri Narasimhaswamiji prior to his death in 1956 and the Samaj has been administering the affairs ever since.

3. In August, 1964, respondents 2 to 6, who were members of the Samaj filed an application O.A. No. 86 of 1964 before the first respondent under section 64 of the Hindu Religious and Charitable Endowments Act (Madras Act XXII of 1959) for framing a scheme for the management of “Sai Baba temple situate in Alamelumangapuram Street, Mylapore, Madras-4”, alleging various acts of mismanagement and other acts of omission and commission on the part of the management. The All India Sai Samaj by its President, D. Bhima Rao, was impleaded as the respondent in that application.

4. The respondent filed a counter contending that the All India Sai Samaj is not an institution coming within the scope of Madras Act XXII of 1959 and further denied the allegations of mismanagement and acts of omission and commission on the part of the management. The All India Sai Samaj also filed O.A. No. 30 of 1965 before the Deputy Commissioner pray

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