R. Subramanian, J.

1. The defendants in O.S. No. 501 of 2005 are the appellants. The suit was filed under Section 70 of the Hindu Religious and Charitable Endowments Act, 1959.

2. According to the plaintiff, it is a registered Society. The said Sangam has got 342 members. It purchased an extent of 8 grounds and 2265 Sq. ft. of land from the Tamil Nadu Housing Board and constructed a temple for Lord Iyyppa in the said land. The sale deed was executed on 17.11.1980 in favour of the Society. Idol of Lord Vinayaga and Iyyappa were installed in the premises on 11.05.1980. A day care centre for the aged, destitue women was also contructed in the said land. Free Medical camps are also conducted by the plaintiff's Sangam. After construction of the temple, the Hindu Religious and Charitable Endowment department appointed a fit-person for the said temple. This led to filing of an application under Section 63(a) of the Hindu Religious and Charitable Endowments Act, 1959 before the 2nd defendant in the suit namely the Joint Commissioner, Hindu Religioius and Charitable Endowment (Admn.), Chennai. The said application was numbered as O.A. No. 10/1999 and the Joint commissioner, The Hindu Religioius and Charitable Endowments Department allowed the same after enquiry and held that the Sangam is not a Religious institution as defined under section 6(18) of Hindu Religious and Charitable Endowments Act 22 of 1959 by an order dated 08.11.2000.

3. The Third defendant in the suit namely fit person appointed by the 1st defendant namely the Commissioner HR & CE, filed an appeal before the First defendant in A.P. No. 09/2001. The said appeal was allowed setting aside the order passed in O.A. No. 10/1999 by an order of the first defendant dated 06.01.2005. Aggrieved by the said order of the first defendant dated 06.01.2005 the present suit has been filed under Section 70 of the Tamil Nadu Hindu Religioius and Charitable Endowments Act. The plaintiff contended that the Iyyappa Temple constructed by the sangam is neither a temple, nor a Religious Institution as defined Under section 6(20) or under section 6(18) of the Tamil Nadu Hindu Religioius and Charitable Endowment Act. The plaintiff would contend that the land on which temple has been constructed is a private land belonging to the Sangam and the temple does not possess separate entity.

3-A. The further contention of the plaintiff is that the temple has not been constructed on the basis of '"Agama Sasthras''. The plaintiff would also claim that it is established for sole benefits of members of the Sastha Sangam which is a registered Society and will not attract the provisions of the Tamil Nadu Hindu Regligioius and Charitable Endowments Act 22 of 1959.The plaintiff had claimed that the temple in question is not a public temple and the public have no right of worship in the suit temple. The documents filed before the authorities in the proceedings under Section 63(a) would show that the institution is private in character and as such Tamil Nadu Hindu Religioius and Charitable Endowments Department has no right to appoint a fit person in the said temple.

4. The plaintiff prayed for the following relief in the suit.

(i) to set aside the order and the annexure to the order passed by the first defendant herein in A.P. No. 9 of 2001- D2(?) dated 06.01.2005.

(ii) declare that the '' Sastha Sangam" situated in No. 81, Ponnambala Street, West K.K. Nagar, Chennai 600 078 duly represented by its president will not come under the purview of the Tamil Nadu Hindu Regligious and Charitable Endowment Act (Act 22 of 1959) specifically under the definition of section 6(18) and 6(20) of the Hindu Regligious and Charitable Endowment Act

(iii) and to pay the cost of this suit.

5. The suit was resisted by the defendants. The first defendant filed a written Statement contending that the Sastha Sangam has been allotted land measuring 8 grounds 2265 Sq. ft which was reserved for the purpose of construction of the temple.