S. Padmanabhan, J.

1. The short question that arises for consideration in these Letters Patent Appeals, which are directed against the common judgment of a single Judge of this Court in A.S. Nos. 473 of 1973 and 282 of 1974 is whether the Azhakianayagi Amman temple situated in S. No. 14020 in Neendakara B village, Agasteeswaram taluk, Kanyakumari district, is a public temple and whether the provisions of the Hindu Religious and Charitable Endowments Act, 1959 (for short the Act) apply to the said temple. Since that is the only question that has been argued before me, it is unnecessary to refer to the detailed facts of the case except to state that the suit was filed by the respondents-plaintiffs for a declaration that the said temple was a private temple and would fall outside the purview of the Act and also to set aside the order passed by the statutory authorities holding that the said temple was a public temple and would attract the provisions of the Act. O.S. No. 42 of 1971 was originally filed by the plaintiffs without issuing a notice to the Commissioner, H.R.&C.E., under Section 80 C.P.C., and O.S. No. 27 of 1972 was filed for the same relief after the notice was issu