V. M. Velumani, J.

1. This Second Appeal has been filed against the judgment and decree dated 29.08.2005, made in A.S. No.23 of 2005 on the file of the Subordinate Court, Devakottai, reversing the judgment and decree, dated 29.12.2004, made in O.S. No.31 of 2004, on the file of the Additional District Munsif Court, Karaikudi.

2. The appellant is the 1st Defendant in O.S. No.31 of 2004, who succeeded before the Trial Court, but lost before the 1st Appellate Court. The 6th Respondent is the plaintiff. The Respondents 1 to 5 are the Defendants 2 to 6.

3. Facts of the case:

(i) The 6th Respondent filed the suit for declaration that Sri Arulmigu Subramaniasamy Thirukoil, Managiri, Karaikudi Taluk, Sivagangai District belongs to Nattukottai Chettiyar Community of Managiri and they have the right to administer the Temple and for permanent injunction restraining the appellant and the respondents 1 to 5 from interfering with their right to administering the Temple.

(ii) In the year 1880, Sri Arulmigu Subramaniasamy Thirukoil, Managiri, was established in the land belonging to RM.K.RM. family by S.V.N. family in a thatched shed for being worshiped by Originally, it was called as and Poojas are conducted through and salary paid to them from the amounts collected from The patta is in the name of and they are paying Tax. In the year 1982, idol of was established and became Temple, some of the established other idols, like were established. Trustees are elected every year by turn from the different families of and present trustee was elected on 9.6.2001. In a portion of temple land, a shed was put up and it was let out to Ration shop on a monthly rent of Rs.125/- and account is maintained. The salary to and other staff were paid from and out of the amounts from families of No. tickets are issued. No amounts are received from general public and the general public have no right to enter the temple and worship. They can enter the temple only with the specific permission from While so, the appellant and the respondents 1 to 5 interfered with the management of the temple. The 6th Respondent challenged the order dated 01.03.2001 bearing Na.Ka.No.4003/2000-A8 in W.P.No.4807 of 2001 and obtained an interim order and filed the suit for the relief stated above. Originally, the suit was filed before the Subordinate Court, Devakottai, in O.S.No.131 of 2001 and it was transferred to the Additional District Munsif Court, Karaikudi, due to pecuniary jurisdiction.

(iii) The appellant filed Written Statement and stated that in the Temple, idol, etc., cannot be installed by private parties. The public of Village would have contributed. The appellant received complaint to the effect that the 6th Respondent has collected money from general public and paid salary to the staff and did not maintain the Account properly. The contention of the 6th Respondent that it is not a Hindu Temple is not correct in view of the fact that idols and are in the Temple. Festivals are being conducted by the Temple. The appellant department is established for the benefit of the Temples and general public and therefore, the 6th Respondent cannot contend that the appellant should not interfere with the management of the Temple. The 6th Respondent is not entitled to the relief sought for and prayed for dismissal of the suit.

(iv) The Respondents 1 to 5 filed written statement and contended that they also contributed amounts for construction of the Temple and they also have a right to be in management of the Temple. They are managing Temple at The Nagarathar of Managiri Village filed O.S.No.55 of 1951 on the file of Subordinate Court, Devakottai, claiming their right in the said Temple. The Respondents 1 to 5 succeeded in the suit. In the Temple, all the people belonging to community of the Respondents 1 to 5 and other community people are worshipping without hindrance and the as a Trustee are spending money received from the general public as offerings. The 6th Respondent has no ri