(This appeal is filed under Section 70(2) of the Tamil Nadu HR & CE Act 22 of 1959 as amended, praying for the relief as stated therein.)

This appeal has been preferred against the decree and Judgment in O.S.No.36 of 1982 on the file of Sub Court, Dharapuram. The defendant in the suit is the appellant herein.

2. The suit has been filed by the respondents herein to set aside the order passed in Appeal Petition No.54 of 1979(Ex A1) by the Commissioner, Hindu Religious Charitable and Endowment Department, dated 24.12.1981.

3. The short facts of the case of the plaintiff are as follows:

The plaintiffs belong to Kongu Vellala Gounder Community in Coimbatore District. There are several sects in the above said Community of Kongu Vellala Gounder. There was no intersect marriage between the said Kongu Vellala Gounder Community. From the time immemorial, each sect is following separate custom and are having separate deity in the temple. The fore fathers of the plaintiffs constructed two temples at Keeranur, one temple is called as "Selvanayagiamman temple" and another is known as "Chellandiamman temple". Six sects in the Kongu Vellala Gounder Community are Athikulam, Kadaikulam, Anthuvakulam, Keeraikulam, Devendrakulam and Villaiyakulam. Within the precincts of the above said temple, Karuppasamy Idol is also present. The above said temples were established only by the fore fathers of the above said six sects of Kongu Vellala Gounder Community. Apart from the above said six sects, no one else is entitled to have the right of worship. It is seen from ancient Cadjan leaf document, the said temple was renovated by the fore fathers belonging to the above said six sects of Kongu Vellala Gounder Community. The temple was renovated and Kumbabishakam was performed in the year 1919 and 1972 only by the people belonging to the above said six sects of the above said community. In the year 1972, a Hundial was installed in the temple only to collect the offerings made by the people belonging to the above said six sects. The public was not allowed to make their offerings in the said Hundial. The Hindu Religious Charitable and Endowment had sent a notice to the erstwhile trustee R.K.Nachimuthu Gounder questioning why the departmental trustees cannot be appointed for the above said temple. A suitable reply was sent by the said R.K.Nachimuthu Gounder. The Hindu Religious Charitable and Endowment Board had no locus standi to interfere with the plaintiffs' administration in the temple. The representatives of the six sects of the above said community alone are entitled to maintain the temple as Hereditary Trustees. The plaintiffs along with four persons filed a petition before the Deputy Commissioner of Hindu Religious Charitable and Endowment under Section 63 B of the Tamil Nadu Hindu Religious Charitable and Endowment Act 1959, to declare that the suit temple is a private temple belonging to the plaintiffs and Hindu Religious Charitable and Endowment has no right to interfere with the temple administration of the plaintiffs. The Deputy Commissioner has dismissed the petition. Aggrieved by the orders of the Deputy Commissioner, the plaintiffs have preferred an appeal before the Commissioner under Appeal Petition No.54 of 1979, but the same was also dismissed by the Commissioner. Hence the plaintiffs have preferred the suit in O.S.No.36 of 1982 before the Sub Court, Dharapuram.

4. The defendant in his written statement would contend that the plaintiffs have to prove that plaint schedule temple was constructed and administered by the fore fathers of the plaintiffs and that the plaintiffs are the hereditary trustees of the above said temple. The remedy open to the plaintiffs is to file a petition under Section 64 of the Hindu Religious Charitable and Endowment Act 1959 for appointment of trustees to the temple. The plaintiffs have not produced any document before the Hindu Religious Charitable and Endowment to show that they are the hereditary trustees