Prabha Sridevan, J.

The Government amended the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act 1959 (H.R. & C.E. Act in short) by adding clause (aaa) to Section 26 by Act 30/84 with effect from 13-05-1984, disqualifying a person from being appointed as or from being a trustee of any religious institution if he is not a citizen of India. This clause was challenged by the writ petitioner with success and therefore, the State has filed this appeal.

2. The facts are as follows:

On 03-04-1923, the Division Bench of this Court in A.S.Nos.121 and 122 of 1919 framed a scheme for administration of the Temple of Arulmighu Vedaranyaswamy Devasthanam. Clause 3 of the said decree vested the trusteeship of the Temple with Varani Adheenam consisting of a group of persons residing in Karanavai in the District of Jaffna, Ceylon as it was then called. Clause 5 of the decree vests the administration of the Devasthanam and all its affairs on the Managing Trustee appointed by the Varani Adheenam from among themselves. On 29-05-1956, the Deputy Commissioner, H.R. &

C.E. initiated proceedings for framing the scheme. On 07-07-1957, the draft scheme was settled and its prope