Suit temple has been held as private temple.

MRS.T. MEENA KUMARI, J.:

1. This appeal is preferred against the judgment and decree passed by the learning single Judge of this Court, in A.S.No.280 of 1983, under Clause 15 of the Letters Patent, whereby the learned single Judge confirmed the judgment and decree dated 28.4.1981 passed in Original Suit No.59 of 1980 by the learned Subordinate Judge, Padmanabhapuram, who held that the suit temple is a private temple belonging to Chekkala Samudayam and decree the suit, setting aside the order of the Commissioner, Hindu Religious and Charitable Endowments, Madras.

2. The brief facts, which are necessary to dispose of this appeal are as follows:

The first respondent-first plaintiff is a temple in Eraniel Village of Kanyakumari District and the second respondent is the Secretary of the Eraniel Chekkala Samudayam, to whom the first respondent-temple belongs. The residents of the locality around the temple are chekkolas by caste and originally their avocation in life was oil crusing. Oil crushing like tapping of doddy was considered to be an ignoble profession in olden days. It was further averred that they were denied entry into temples on the ground of pollution and studiously kept out of the Hindu fold. Their case is that they are a collection of individuals classed together under the same name as ‘Chekkalas’ and these ‘Chekkalas’ are the descendants of well defined families, known as (1) Validapirai, (2) Siriapirai, (3) Cheramuthu, (4) Munichara, (5) Killivagai and (6) Nellari. They claimed that their common ancestor as ‘Andar’. They have put up a small thatched shed and housed a deity, made-up of clay, to satisfy their spiritual needs and this was on account of the denial of their entry into the other temples. This temple had no sastrigal origin and the rules and regulations laid down by the Agamas and Sastras, which are fitting objects of public religious worship, are not applicable to this temple. Chekkolas get-up a Udampadi of the year 1112 Malayalam Era and were managing the affairs of the temple and they are a collection of ascertained individuals in the special rights and privileges, closely connected with one another. Every one of the members was parties to the Udampadi, conveniently called the ‘Samudayam’, do not constitute a community or a section of the community, but are the descendants of the six families, who had settled and lived in Andavillai and the surrounding lands in Eraniel. The Udampadi of the year 1112 Malayalam Era enjoins several conditions. There is a document of the year 1116 Malayalam era, so for as the Andarvillai Mutharamman Temple is concerned. The members of the family, who committed to their care, control and custody, started steps to apply the several provisions of the Act. It therefore became necessary for determination of the nature of the temple as a private temple, outside the purview of the Act XXII of 1959. Therefore, the members of the ‘Samudayam’ and the President of the ‘Samudayam’ filed O.A.No.33 of 1973 before the Deputy Commissioner, Madurai, which was transferred to Tirunelveli and numbered as O.A.No.12 of 1975. In spite of several documents filed by the petitioners, the Deputy Commissioner has held that the temple is a public temple. the appeal preferred by the petitioners to the Commissioner was also dismissed. Therefore, they filed Original Suit No.59 of 1980 before the learned Subordinate Judge, Padmanabhapuram, for setting aside the order of the Commissioner, Hindu Religious and Charitable Endowments in A.P.No.86 of 1976, dated 25.2.1980 and do declare that the suit temple is a private temple, belonging to Chekkal community.

3. The defendant-appellant filed a written statement contending that the origin, of the temple is not known and the second plaintiff in the suit and other members of his community have no relationship with the founder of the temple. The temple was constructed by the Hindus of the locality and all the Hindus, irrespective of caste and creed, have b