Order.-Prior to 1934, the Tricharamanna temple in Kottayam taluk, North Malabar, was being managed by certain hereditary trustees. In the year 1934 the Hindu Religious Endowments Board framed a scheme for the administration of the temple and its properties. With certain modifications effected in 1945, the scheme was in operation till 1949, when the scheme was further modified by the District Court. The present petition has been filed to issue a writ prohibiting the Commissioner of the Hindu Religious Endowments Board and two other respondents from enforcing against the petitioners the provisions of the scheme framed by the District Court, on the ground that they offend against Article 19 (1)(f) of the Constitution. The complaint is that the scheme infringes the fundamental rights to property of the petitioners.

An examination of the provisions of the scheme shows that this complaint is well founded. Paragraph 4 of the scheme requires the administration of the affairs of the temple to be conducted by a paid manager appointed by the Board. It will be noticed that the hereditary trustees have no voice in the appoinment of the manager. The terms of his service are to be governed by the

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