RAMAPRASADA RAO, J.

1. The 1st defendant, namely. The Commissioner for H.R. and C.E., Madras, in O.S. No. 203 of 1964 on the file of the Court of the Subordinate Judge, Tiruchirapalli, is the appellant. The plaintiff filed the suit to set aside the order of the Commissioner for H.R. and C.E. Board, dated 4th July 1964 in which it was held that the temple known as Sri Hanumantharaya Swami temple, Andankovil, Karur Taluk, Tiruchirapalli District, was a public temple within the meaning of the provisions of the Madras H.R. and C. E. Act, 1959, hereinafter referred to as the Act. The material allegations on which the plaintiff approached the Deputy Commissioner, H.R. and C.E. under S. 63(1) of the Act are as follows. The plaintiffs great grandfather Putti Jayatheerathachar installed the idol of their family deity “Hanumantha Raya” on a site bearing S.F. No. 1347 in Andankovil, Karur Taluk, some years ago. Originally, the idol was housed in a thatched shed. Later, the plaintiffs grandfather Putti Rangannachar improved the same by putting up a brick and masonry construction in the place of a thatched shed. At no time, this construction had the normal indicia of a temple in that