1492 of 1965 before the High Court at Madras, praying for quashing the order of the appointment of number hereditary trustees of the said temples.
The members of the public never had any right to offer worship in the temples and the deities were never dedicated to the public.
196 of 1996 preferred by the appellants before it.
28 of 1970 before the Deputy Commissioner of the Board under section 63 a of the Hindu Religious and Charitable Endowments Act.
The trial companyrt held the aforesaid temples as public temples.
169 of 1974 before the Principal Subordinate Judge, Erode, Tamilnadu.
Aggrieved by the judgment and order of the trial companyrt, the appellants preferred first appeal before the Madras High Court being A.S. No.
On 18th of March, 1965, the mother of the first appellant had received a letter from three persons alleging that they had been appointed as number hereditary trustees of the aforementioned temples by the Hindu Religious and Charitable Endowments Board in short the Board , directing the mother of the first appellant to hand over the property and records of the temples.
Thereafter, the appellants preferred a Letters Patent Appeal being L.P.A. No.
196 of 1996 before the Division Bench of the High Court which dismissed the same.
Thus, being aggrieved, the appellants preferred the present appeal, which on grant of leave was heard in the presence of the learned companynsel for the parties.
The said application was dismissed on 1st of October, 1973, and on appeal, the Commissioner of the Board companyfirmed the said order on 19th of December, 1973.
On 15th of March, 1967, the High Court allowed the Writ Petition directing the mother of the first appellant to file an appropriate application before the Deputy Commissioner of the Board for declaration of the aforesaid temples as the private temples of the family of the appellant.
Thereafter, the mother of the appellant filed an application being O.A. No.
In the same year, the mother of the first appellant filed a Writ Petition being WP No.
The aforesaid temples were throughout treated as private temples of the appellants and were virtually in their management.
TARUN CHATTERJEE, J. This appeal is filed against the judgment and order dated 25th of September, 2001 of the High Court of Judicature at Madras whereby the High Court had dismissed the L.P.A. No.
Thereafter, the appellant on 18th of March, 1974, filed a suit for setting aside the order of the Commissioner being O.S. No.
665 of 1982 on 13th of August, 1982 which was dismissed by the High Court on 21st of June, 1996.
The relevant facts leading to the filing of this appeal as emerging from the case made out by the appellants are narrated in a nutshell for a better understanding and determination of the disputes between the parties It is the case of the appellants plaintiffs before the trial companyrt that their ancestor Ellu Iyer, companystructed and built three temples, namely, Pillaiyar Temple, Anjaneyaswami Temple and Gopalakrishna temple out of his own funds some time before 1890.
