2.There is no dispute that for the fourth respondent temple, there are two hereditary trustees namely., the writ petitioner/Somasundaram and the fifth respondent/Vaithiyalingam. The writ petitioner challenges the impugned communication passed by the third respondent, whereby he has been called upon to hand over possession of the temple jewels. The petitioner's counsel took me through the averments set out in the affidavit filed in support of the writ petition and contended that the order violates his customary right to receive first honour. He would also point out that he had already filed a petition in this regard under Section 63 (3) of Hindu Religious and Charitable Endowment Act before the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli. According to the petitioner's counsel, the temple jewels have been traditionally kept only in his house and at the time of temple festival, the devotees would come in procession and after conferring the necessary honours take the jewels for adorning the deity and after the festival is over, it will be redeposited in his house. This has been the tradition going on for more than half a century. According to the petitioner's counsel, this tradition is sought to be breached by the third respondent.
