This appeal is directed against the Judgment and Decree, dated 111. 1996 made in O.S.No.998 of 1988 on the file of the First Additional Subordinate Judge, Coimbatore.

2. The appellant herein was the plaintiff in the suit before the trial court. Aggrieved by the order of the first respondent, Commissioner, H.R. & C.E. (Admn) Department, the statutory suit under Section 70 (1) of H.R. & C.E. Act, XXII of 1959 was filed by the appellant herein.

3. According to the appellant / plaintiff, he is holding office as Hereditary Trustee in Sri Vinayagar Temple, situated at Eachanari Village, Coimbatore, within the meaning of Section 6 (11) and 63(b) of H.R. & C.E. Act. It is not in dispute that the temple is located in S.No.636/2 and 633 of Kurichi village with an extent of 1-18 acres on the western side of Coimbatore – Pollachi Main Road. According to the appellant / plaintiff, the vinayagar idol in question had been brought from Madurai to Perur for installation, nearly 150 years ago and while transporting the idol in a hand cart, the cart was broken down and the Vinayagar idol was fallen in the sitting posture. Though the villagers made attempt to lift the idol, they could not