Merely because Government had appointed trustees for temple it cannot be sole basis to determine its character.

Common Judgment: (N. Kannadasan, J.)

The appellant in LPAs 11 and 12 of 2002 is the first respondent in A.S.Nos.960 of 1987 and 654 of 1988 and plaintiff in O.S.Nos.36 and 37 of 1985. The respondents herein are the defendants in the suit. For the purpose of reference, the parties as arrayed in LPAs 11 and 12 of 2002, are referred to in the same manner in all the appeals.

2. The appellant has filed two applications viz., O.A.Nos.7 and 10 of 1983 before the Deputy Commissioner, Tirunelveli under Sections 63 (a) and 63 (b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the 'Act') to declare him as the hereditary trustee of Chokkanathan Kalakutty Mutt and Vaduganatha Pillayar Temple in Parakkai village, Agasteeswaram Taluk, Kanyakumari District, and its properties constitute a private Trust belonging to a Nanjilnadu Vellala Tarwad and the said institution is a private religious institution. The said applications were dismissed on 25.2.1984, against which the appellant preferred appeals in A.P.Nos.52 and 53 of 1984 before the Commissioner, HR&CE Department, Madras which were also dismissed. Aggrieved against the said orders, the appellant filed statutory suits as contemplated under Section 70 of the Act in O.S.Nos.36 and 37 of 1985 on the file of the Subordinate Judge, Nagercoil.

3. The trial Court decreed the suits and rendered a finding that the temple falls outside the purview of the provisions of the Act and also held that the temple is a private temple and the same is under the management of the plaintiff/appellant, but however, not rendered any finding as between the inter se dispute between the appellant/plaintiff and the second respondent/second defendant, as the said issue need not be gone into.

4. Aggrieved against the said judgment and decree of the trial Court, the first respondent/first defendant preferred the appeals in A.S.Nos.960 of 1987 and 654 of 1988 before this Court and the learned Judge, by judgment dated 11.6.2001, allowed both the appeals by setting aside the judgment and decree of the Court below, against which the appellant preferred appeals in LPAs 11 and 12 of 2002 and the second respondent preferred appeals in LPAs 78 and 79 of 2002.

5. The appellant/plaintiff filed the suits contending that his ancestors established the private temple for the worship of members of his tarward and their spiritual welfare, and endeavoured some properties to meet the expenditures for poojas in the temple and to do certain charities. The temple as well asthe Mutt were established and certain rights were conferred upon one Sankaranarayana Pillai, the ancestor of the appellant by way of a document of the year 1910. Though the place of temple initially fell within the jurisdiction of the erstwhile Travancore-Cochin state, after the merger of the said area to the State of Tamil Nadu, the authorities made an attempt to apply the provisions of the Act. On 26.8.1967 one Narayana Pillai, S/o.Sankaranarayana Pillai was appointed as a trustee by the then Assistant Commissioner and later on the Village Administrative Officer was appointed as a fit person and subsequently, the appellant/plaintiff was appointed as a trustee on 6.4.1981. It was also contended that even though the Government appointed the trustees, that will not alter the character of the temple which is a private temple and accordingly sought the relief in the suits.

6. The suits were resisted by the first defendant/first respondent by contending that the plaintiff has subjected himself to the jurisdiction of the Act and inasmuch as he has acted as a trustee in pursuance of the appointment made by the Department, he cannot turn around and take a different plea and as such, he is not entitled for the relief. The second defendant/second respondent herein also disputed the right of the Department to interfere with the management of the affairs of the temple, but however, would contend that he has better right than t