1. The order passed by the Commissioner of Hindu Religious & Charitable Endowments Administration Department, first respondent herein, in A.P.No.15 of 2005-D2, dated 12.06.2008, has been called in question, seeking to quash the same and for a consequential direction to the second respondent to record/appoint the writ petitioner as a hereditary trustee of the Apparswamy Temple, Mylapore, Chennai-600 004.

2. The checkered history of the case would run thus :

2.1. Apparswamy Temple, Mylapore, Chennai, is a very ancient temple, hereinafter referred to as "the temple". Saint Apparswamy was buried in the said temple site at Royapettah High Road, Mylapore, Chennai, and Sivalingam was consecrated therein. Adjoining the Samadhi of Saint Apparswamy, one Chidambaraswamy constructed a madam and installed idols of Lord Vinayaka and Lord Muruga. The said Chidambaraswamy, when he was alive, was regularly performing poojas according to agamas, Hindu rites and customs. Chidambaraswamy left a Will dated 04.05.1871. In that Will, he bequeathed all his estate to Apparswamy temple and several immovable properties around the said temple in Royapettah and Mylapore besides properties in Thiruva