RATNAM, J.:- This appeal at the instance of the Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras (hereinafter referred to as 'the Commissioner') is directed against the order in W. P. 2907 of 1976 quashing the proceedings initiated by the Commissioner for the appointment of an Executive Officer in Arulmigu Kalivaradarajar Temple, Kumarakuppam, Valavanur village, Villupuram Taluk, South Arcot Dist., in the exercise of the powers vested in him under S.45(1) of the Hindu Religious and Charitable Endowments Act 1959 (Tamil Nadu Act 22 of 1959) (hereinafter referred to as 'the Act').

2. The circumstances giving rise to the appeal may be shortly stated. The respondent herein is the hereditary trustee of Arulmigu Kalivaradarajar Temple, having been so declared by the judgment of this Court in A.S. No. 157 of 1961, dated 27-11-1963. According to the respondent, he had been in his capacity as such hereditary trustee submitting budgets, dhittam, maintaining relevant statutory registers, as contemplated under the provisions of the Act, which had been duly approved by the appropriate authority and had been looking after the administration and