Permission granted for dispensing with the notice.

Defendants 1, 2 and 4 in U.S. No. 19 of 1984 on the file of the District Munsif, Salem have preferred Second Appeal No. 42 of 1986 while the fifth defendant in the same suit has preferred the other Second Appeal No. 43 of 1986.

2. The suit was filed originally by two persons for a declaration that Arulmighu Kannanur Mariamman temple situated in Tharamangalam village is a denominational temple entitled to the protection conferred by Art.26 of the Constitution and that the provisions contained in the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 could be applied only subject to the Constitution al rights recognised by S.107 of the said Act, for a direction to the Assistant Commissioner, H.R. and C.E., Sdlem-7 to remove the hundial installed by him illegally on 7-7-1982 by means of a mandatory injunction and to restrain the defendants and their men from installing a hundial or directing the plaintiffs to instal a hundial or by appointing trustees or in any other manner interfering with the possession and management of the temple by the plaintiffs by means of a permanent injunction. During the pendency of the suit, the second plaintiff died and plaintiffs 3 to 9 were added as his legal representatives. Some time thereafter, the 10th plaintiff was added as a party on the footing that he succeeded to the rights of the second plaintiff as the chosen representative of a Section of the community called Peria Katchi. According to the Plaint, Arulmigu Kannanur Mariamman temple situated in Tharamangalam village, Omalur Taluk, Salem District was established and managed by the members of religious denomination of Sengutha Mudaliar residing at Tharamangalam and the actual management was attended to by the chosen representative of the two Sections of the community known as Peria Katchi and Chinna Katchi. There was an agreement between the members of the two Katchis in 1933 with regard to the terms of management and the same was upheld in a Suit O.S. No. 780 of 1958 on the file of District Munsif, Sankari at Salem. The judgement of the District Munsif was confirmed on appeal by the Additional District Judge, Salem in A.S. No. 288 of 1959 and the Second Appeal against the same, viz., S.A. No. 877 of 1960 was dismissed. It is stated in the plaint that the first plaintiff and the second plaintiff originally and after his death the 10th plaintiff are chosen representatives of the two Katchis. In the year 1973, when the Assistant Commissioner, H.R. and C.E., Salem issued a notice No. R.C. 11821/73/A3 dated 1-12-1973 inviting application for appointment of non-hereditary trustees for the temple, the first plaintiff filed a revision petition before the Commissioner and the same was allowed by order dt. 10-5-1975 on the ground that the temple is a denominational temple. The first defendant ordered to instal a hundial in the year 1978 without giving notice to or calling for objections from the plaintiffs or any of the Community people. The said order was challenged in W.P. No. 2969 of 1978 and this Court quashed the order and directed the first defendant to give notice to the plaintiffs before proceeding further. Subsequently, notice was issued and objections were called for and overruling the plaintiffs' objections, the first defendant passed an order on 30-7-1981, directing the plaintiffs to instal a hundial. The second defendant viz., the Inspector of H.R. and C.E., Omalur attempted to instal a hundial even on 31-7-1981 itself bringing the same from Siddar Koil illegally. On intervention by the Police, the second defendant took away the hundial without installing the same. The plaintiffs have submitted that the temple is a denominational temple exclusively belonging to and managed by the denomination of Senguntha Mudaliars of Tharamangalam and that the provisions of Art.26 of the Constitution govern the said temple. The plaint alleged further that after the receipt of the summons in the suit and notice in the injunction p