The main legal point established in the judgment is that the temple is a public temple, and the Senguntha Mudaliar community has acquired the right to be appointed as trustees by prescription. The H.R. & C.E. Board can only appoint trustees from the Senguntha Mudaliar community of the three streets.

The Second Appeal has been filed by the plaintiff in the suit.

2. The suit has been filed by the Trustees as well as Worshippers of Arulmighu Kumbeswarar Koil, Kurinjipadi, in a representative capacity; representing Senguntha Mudaliar community of Eswaran Koil Street, Vachani Mudali Street and Ellaikal Street in Kurinjipadi.

3. The case of the plaintiff is as follows: a) Arulmighu Kumbeswarar Temple at Kurinjipadi Old Street belongs to Senguntha Mudaliar community. It was built about 150 years ago. People of Senguntha Mudaliar community of the Old Street are managing the temple. Only in case of emergency, some others were managing the temple. This temple was built only for the benefit of their community. Many people of that community settled property in the name of the temple for the advancement of the people of that community. Though public are also worshipping in the temple, it is not a matter of right. The trustees were selected only from the community of the three streets. No other person other than Senguntha Mudaliar community was ever appointed as trustees.

b) Earlier, a suit was filed by the Reddiar community in O.S.No.28 of 1914, against Senguntha Mudaliar community. By a judgment and decree dated 29.9.1917, a scheme was framed by the Court wherein it was declared that the temple is a public temple; the properties of the temple are under the control of Senguntha Mudaliars of Old Street, Kurinjipadi. After the temple came under the supervision of H.R. & C.E., the Board has also recognized the right of Senguntha Mudaliars and trustees were appointed only from and out of the Senguntha Mudaliar community people of the said three streets. The Board has only a limited right in the matter of appointment of trustees. The supervision of the Board extends only to the auditing of the accounts. Senguntha Mudaliar community has also prescribed the right of becoming trustees of the temple. In the year 1979, the first plaintiff P.K. Annamalai was appointed as the trustee for three years by H.R.& C.E. Board. It was extended on 5.7.1982 for another three years. When a portion of the land of the temple was acquired, the compensation amount was directed to be given to Arulmighu Muthumariamman temple, Kurinjipadi by the H.R. & C.E. Board. Therefore, a suit in O.S.No.442 of 1986 was filed before Cuddalore D.M.C. against H.R. & C.E., as well as Muthumariamman temple for a declaration that the plaintiff is entitled to get the amount; that suit is still pending. Aggrieved by this act of the Trustee of the temple, the H.R. & C.E. Board by order dated 12.6.1987 appointed one Rajamani as trustee. Though he belonged to Senguntha Mudaliar community of one of the three streets mentioned above, as he is a defaulter in payment of lease amount, his appointment is illegal. Therefore, as per Section 26-C of the H.R. & C.E. Act, the said Rajamani becomes disqualified to be appointed as the trustee. Therefore, a suit was filed in O.S.No.887 of 1987 for permanent injunction and temporary injunction was granted on 6.11.1987. Thereafter, on 10.11.1987, a meeting was convened by the people of the community and it decided that the first trustee of the temple, P.K.Annamalai shall be appointed as the trustee and a resolution was passed to that effect. But the H.R. & C.E. Board did not accept this. Therefore, H.R. & C.E. Board appointed fourth defendant who is not a member of the Senguntha Mudaliar community as Thakkar or fit person. The order passed by the H.R. & C.E. appointing fourth defendant as Thakkar is not valid. The Board wanted to deviate from the convention; the valuable right accrued to the community cannot be taken away. The fourth defendant approached the High Court for relief, but the High Court directed him to approach the appropriate civil Court.

c) The plaintiffs pray for (1) a declaration that Arulmighu Kumbeswarar Temple is the denominational temple belonging to Senguntha Mudaliar community people of the three streets; (2) for a de