Per Ramaswami, J.-The shrine of Sri Krishna in Udipi surrounded by the Ashta Matams is a public temple within the meaning of section 2(1) of the Madras Act V of 1947 as amended by Act XIII of 1949. Judicial adjudications concerning the temple for a long time past has been on the footing that the institution is a public temple. All the characteristics necessary for a public temple, as laid down in several judicial decisions are present in the case of the suit temple.

The sacred literature relating to the founding of this temple establishes that it was not founded as a private shrine of Ishta Devata appurtenant to a math but only as a public temple. The inscriptions on the temple walls also show that this was not a private shrine, appurtenant to a Math but was a public institution under the general supervision of the Hindu Sovereigns of that area, who were always considered to be the supervisors of all public temples. The temple now comprises in itself all the type design features of a public temple.

The fact that the pooja in the temple is done by Yathis and not by paid Archakas or that the Samadhis of saints are found within the temple does not in any way alter the public cha