The 1st and 2nd defendants in OS.No.272 of 2001 have filed this appeal under Section 70(2) of the Hind Religious and Charitable Endowments Act 22 of 1959, aggrieved by the judgment and decree, dated 6.9.2002 of the Subordinate Judge, Paramakudi.

2. The above suit had been filed by the respondent herein under Section 70(2) of the Hindu Religious and Charitable Endowments Act 22 of 1959, seeking declaration that the suit temple is a private one within the meaning of Section 63(a) of the TN HR&CE Act, 1959 and to set aside the order dated 23.3.2001 made in AP.No.19 of 1997 of the 1st defendant, confirming the order of the 2nd respondent dated 17.5.1997 made in OA.No.7 of 1994 and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit property.

3. The suit temple is Sri Kamatchiamman-Karupannasamy Temple at Sayalkudi, Ramanathapuram District. The said suit was decreed as prayed for by the judgment and decree dated 06.09.2002. Challenging the said judgment, the defendants in the said suit, namely, The Commissioner, HR & CE Department and the Joint Commissioner, HR & CE Department, Sivagangai have filed this appeal.

4. In the plaint, it had been stated that Sri Kamatchiamman-Karupanasamy Temple at Sayalkudi Village, Ramanthapuram District was an anscestral temple and belonged to the forefathers of the plaintiff. It had been stated that in 1935, the said temple was constructed by the great grand father of the plaintiff Muthuvijayan in the patta lands out of his own private income and it is stated that there is a culvert relating to the same. It is stated that general public are not allowed to worship in the temple and the idols in the temple have been made by sand by hand. There are no special Poojas performed. As and when time permits, poojas were being performed. After the death of Muthuvijayan, the father of the plaintiff Madasamy Konar managed the said temple. It had been stated that except for the family members of the plaintiff, no other persons worshipped in the temple or managed the temple. There was a partition deed in 1906 and also a patta given in 1938 by the Ramanathapuram Samasthanam, which are relating to the suit temple.

5. The plaintiff had filed OA.No.7/94 before the 2nd appellant, who is the Joint Commissioner, HR&CE, Sivagangai, which was dismissed on 17.05.1997. The appeal in AP.No.19/97 filed as against the same was also dismissed by the 1st appellant, the Commissioner, HR&CE, Chennai, on 23.03.2001. Challenging the said orders and claiming that the suit temple is the private temple, the above suit had been filed.

6. The second defendant had filed a written statement, which was adopted by the 1st defendant. It had been stated that the suit temple is situated opposite to Sayalkudi bus stand in Survey No.185/4, in land measuring 48 cents. It had been stated that the Assistant Commissioner had dismissed the O.A.No.7/94 after full enquiry. Similarly A.P.No.19/97 also was dismissed after full enquiry. It had been stated that the plaintiff filed WP.No.330/97 before the Madras High Court and in the said WP, orders were passed. It had been stated that the general public worshipped in the temple. It had been stated that the plaintiff had paid donation for two years. It had been further stated that in the suit temple, idols of Kamatchi, Karupannasamy, Erulayi, Erulandi, Madasmy, Uthami, Muniyasamy, Pechi, Periyakaruppan, Chinnakaruppan, Sonaiya, Kasi, Madasamy, in all totally 21 idols are present. There is a Poosari and another Pavalar, who are working in the temple. It had been further stated that in 1990 community people of Yadhavar, Pillaimar, Arunthathiyar, Sakkiliyar, Adhidravidar had formed a Committee to run the temple and it was also registered under No.25/1990. The various community people numbering 13 are in management of the temple. The general public give donation. It had been stated that since the general public are no