Heard both sides and perused the records.

2. This writ petition raises two interesting questions of law. They are:-

(i) Whether the Commissioner or any of his subordinates can decide the question of right to the office of trusteeship on the basis of a Will left by a testator?. and

(i) Whether the meaning of the term acting "adverse to the interest of the institution" as found in Section 26(1)(h) of the Tamil Nadu Hindu Religious Charitable and Endowments Act (for short HR&CE Act) will include all institutions or only the particular institution concerned?

3. The writ petition is filed by one S.Marimuthu against the order passed by the first respondent (HR&CE Commissioner) dated 27.11.2006 in allowing the appeal filed by the third respondent against the order passed by the Joint Commissioner, (second respondent) dated 31.03.2006. The matter relates to appointment of an hereditary trustee to the Arulmighu Mariamman Temple at Iruggangudi, Sattur Taluk, Virudhunagar District.

4. It is stated that one Ramasamy Poojari was one of the hereditary trustee of the said temple. He died on 06.08.1975 leaving three female heirs. After his death, the eldest daughter Mr.Seeni @ Sundarambal a