V. Sethuraman, J.

1. This appeal has been filed by the plaintiff in O.S. No. 119 of 1971 in the Court of the Subordinate Judge of Nagercoil. The suit was for a declaration that the Thamarakulam Vellala Samudhaya Arya Kulasekhara Nangai Amman Temple Trust is a denominational Trust belonging to the Vellala Samudayam Community residing in Thamarakulam Village, and for a permanent injunction restraining the State of Tamil Nadu and the Commissioner, Hindu Religious and Charitable Endowments, from interfering with the management. There was also a prayer for restraining the defendants from realising any dues or collection from the Trust properties or from disturbing the possession of the properties in the hands of the Trustees.

2. It was stated in the plaint that the Trust owns temple, movable and immovable properties. The management of the temple and the administration of its properties were alleged to be in the hands of the 'Samudayam' through the elected representatives of the community. It was claimed that the maintenance of such an institution as a denominational one was guaranteed by Article 26 of the Indian Constitution and Section 107 of the Tamil Nadu Hindu Religious and Ch