(Judgment of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2.The case on hand pertains to the affairs of Shri Rajarajeswari Thandumariamman Temple, Nethaji Road, Madurai. It was declared as an excepted temple way back in the year 1933. A scheme for administration was framed in O.A.No.7 of 1952 dated 02.03.1953 on the file of the Deputy Commissioner, Thanjavur. Though the scheme envisaged management of the temple by 7 hereditary trustees belonging to 7 streets and 5 non hereditary trustees, in practice, the grandfather of the writ petitioner Subramanya Gounder was exclusively managing the temple. After his demise, the appellant's father Mahalinga Gounder was functioning as the hereditary trustee. Mahalinga Gounder became sick and handed over the charge to his brother Sarangapani Gounder. Sarangapani Gounder died in the year 1985. After his demise, his son Vellankannu had taken over the administration of the temple. In the year 1999, the third respondent herein Thiru.S.Ashok Kumar, another son of Sarangapani Gounder was recorded as the hereditary trustee by the jurisdictional Joint Commissioner.

3.While so, the appellant herein M.Gandhi submitted representation dated 12.0