1. Petitioner is a Priest at Arulmighu Kapaleeswarar Thirukoil. He has challenged the order of the Commissioner, H.R. & C.E. calling upon the petitioner to attend for an enquiry in reference retirement of all the temple servants on attaining- 60 years of age.

2. The main contention of the petitioner is that the enquiry and the notice for such an enquiry, is without jurisdiction. His case is that he is a hereditary Priest and therefore he is entitled to continue without reference to age.

3. Section 23 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 empowers the Commissioner to administer all temples and have general superintendence and control including the power to pass any order which may be deemed necessary to ensure that such temples are properly administered. Section 55 of the Act says that vacancies among the office holders or servants of a religious institution shall be filled up by the trustees. As per the explanation to the Section, the expression “office holders or servants” will include archagas and poojaris. Section 116 of the Act enables the Government to make rules to carry out the purposes of the Act. The Tamil Nadu Hindu Religious I