O R D E R

This writ petition has been filed challenging the order of the fourth respondent declaring the petitioner Trust as a Religious Institution and appointment of a fit person to Arulmighu Santhana Srinivasa Perumal Temple, Mogappair.

2. The brief facts leading to the filing of this writ petition is as follows:

(i) The petitioner trust was created on 08.03.1993, by means of a registered Trust Deed by the founding members of the trust and the residents of the area around the Temple Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. The object of the Trust is to carry out various other charitable activities as per Clause 4:1 to 4:9 of the trust deed viz., "4:1. To spread the cult of Lord Srinivasa Perumal, viz., universal brotherhood among all persons irrespective of religion, caste, creed, community.

4:2. To arrange for periodical discourses lectures etc., 4:3. To propagate the idea of charity by rendering assistance to deserving children for prosecuting their students studies by giving scholarships, donation, free supply of books etc., 4:4. To arrange for feeding of poor as well as to provide mid-day meals to needy and poor school children.

4:5. To establish and run educational institutions.

4:6. To render free medical assistance to needy and poor.

4:7. To establish and run reading rooms, libraries containing books of all religions and Faith.

4:8. To do all things which are charitable and that would promote objects of public utility.

4:9. To do all such things as are incidental or conducive to the above-mentioned objects of the Trust."

(ii) The Trust had contributed extensively for the maintenance and development of the Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. The temple has now become a very popular and fully developed Temple in the Mogappair area.

(iii) The Trustees of the petitioner Trust decided to bring it under the purview of the Hindu Religious & Charitable Endowments (hereinafter referred to as "HR&CE") Department and hence they filed a petition before the second respondent to frame a Scheme for the maintenance of the Temple and after due enquiry, the Temple had been brought under the overall control and supervision of the HR&CE Department of the Government of Tamilnadu with effect from 21.07.2010, through a Scheme and Order passed in O.A.No.8 of 2009, by the third respondent.

(iv) As per the Scheme the administration of the temple and its properties shall vest in the non-hereditary trustees and shall be carried out by the Board of Trustees consisting of not less than three and not more than five, to be duly constituted by the competent Authority under the Act, in accordance with the provisions of the Tamil Nadu HR & CE Act, 1959 and the Rules made thereunder, as amended from time to time.

(v) It is further stated that the petitioner Trust alone is managing the affairs of the Arulmighu Santhana Srinivasa Perumal Temple, Mogappair. However, the 6th respondent had started acting contrary to the purpose of the Trust and he also started making attempts to misuse the funds of the Temple and therefore the majority Trustees of the petitioner trust had initiated disciplinary proceedings against him and after proper enquiry, he was removed from the post of Managing Trustee of the petitioner trust.

(vi) The sixth respondent filed suit and also obtaining interim orders, which has been subsequently vacated and in the meanwhile the fourth respondent appointed the fifth respondent Executive Officer and took over the management of the Temple on 02.05.2014, by her proceedings dated 25.11.2013, in Na.Ka.No.3982/2014/A1 and since then the Temple and its funds have been under the control of the fifth respondent Executive officer.

(vii) It is further contended that Sri Santhana Lakshmi Charitable Trust has no connection whatsoever with the affairs of the Arulmighu Santhana Srinivasa Perumal Temple, Mogappair and it merely bears the name of the Goddess of the Temple and it is engaged in various social charitable activities, oth