S. Mohan, J.

1. The second appeal arises out of O.S. No. 897 of 1972 on the file of the District Munsif of Madurai Town, in which the respondent-plaintiff sought a declaration that the notice for demolition issued by the appellant under Section 258 of the, Madurai City Municipal Corporation Act, 1971 was illegal and for a permanent injunction restraining the defendant-appellant from demolishing the Vinayakar temple. The suit property is Sakthi Vinayakar temple and the plaintiff-respondent is the President of the temple. The temple was in existence for more than the statutory period, having been founded by persons in the locality. Originally, the temple was covered by a thatched roof. It is not in any way a hindrance to the public, either to the pedestrians or to the vehicular traffic. The temple is worshipped by the entire public all these years, and daily pujas are being performed by the archaka appointed by the plaintiff. This temple is considered to be very sacred and powerful in the locality. That would be evident from the increase in the hundial collections every year. In course of time, the thatched roof had to be replaced by zinc sheet roofing to prevent the rain wate