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