The power to appoint an executive officer under Section 45(1) of the Hindu Religious and Charitable Endowments Act is a drastic power that must be exercised carefully and only where proper reasons exist showing that the temple or math concerned has not been properly managed by the hereditary trustee.

VEERASWAMI, C. J. :- The appellant, as he claims, is a hereditary trustee of Sri Kasiviswanathaswami and Sri Lakshminarayanaswami temples, Agarachai, Nannilam Taluk. By proceedings of the Commissioner, Hindu Religious and Charitable Endowments (Administration) dated 30-8-1969, he listed certain irregularities and informs the appellant that in view of them, the affairs of the temples were being mismanaged, and that the appellant failed to obtain budget sanction contrary to Section 86 of the Hindu Religious and Charitable Endowments Act, to submit the income and expenditure statement as required by Sections 92 and 94, to get the accounts of the temples audited from faslis 1358 to 1377 and to pay the contribution and audit fees for faslis 1373 to 1377. It was also alleged that he failed to produce the accounts of the temples for check before the Assistant Commissioner on the specified dates. The Commissioner, therefore, appointed, in exercise of his powers under Section 45(1), an executive officer for the temples, who would be common to them and three other temples. Aggrieved by this order, the appellant moved under Art. 226 of the Constitution but without success. This appeal is now before us.

2. We find from the appendix to the order appointing an executive officer that the appellant as a hereditary trustee has been deprived of almost all his powers of administration of the temples, except that formally he would be entitled to possession of all immoveable properties and moveables, livestock and grains. The Executive Officer would be the person to receive all income in cash and kind and all offerings and he would be the person to make disbursements and incur all expenditure on behalf of the temples. He was to draw up a rough estimate of the probable disbursements and expenses to be made and incurred and obtain the previous sanction of the trustee. The receipts were to be deposited by the executive officer in the account of the temple. He is empowered to have control over all the office holders and servants of the temples, and he would have the powers of superintendence, though subject to the disciplinary control of the trustees. He shall be in charge of the office of the temples, responsible for the proper maintenance of all records, accounts and registers and for the due submission to the appropriate authorities of the budget reports, accounts, statutory returns and other information. He is the one responsible for collection of all income and moneys due to the institution in proper time and for safeguarding the interests of the institution. It is his duty to see that all provisions and stores are supplied to the intended purposes and he is to check at frequent intervals that they are supplied for use according to the dhittam. The duty of the executive officer included to see that puja, festivals and other services are performed according to the usage and dhittam. He is also the person entitled to sue and be sued on behalf of the temples. The allotment of work to the office holders and servants goes also with him. It may be seen that by appointing an executive officer with such powers the hereditary trustee is reduced to a non-entity as it were. The power under Section 45 to appoint an executive officer may no doubt be exercised by the Commissioner in proper cases.

The discretion vested in him is to be exercised reasonably and fairly, because the power by its very nature is a drastic one, and appointment of an executive officer is more often than not likely to virtually eliminate a hereditary trustee. It is now well settled that hereditary trusteeship is property and as such it is entitled to protection. It is in view of this that the procedure in Section 47 has been provided that where non-hereditary trustees are to be appointed along with the hereditary trustees, the appointment should be preceded by such enquiry as the Commissioner may deem adequate and he could make the appointment only if he considered there were rea