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Judgment
Heard both sides.
Mr.A.Sivasubramanian, learned Additional Government Pleader takes notice for respondents 1, 3 and 5, and Mr.C.Susikumar, learned Government Advocate takes notice for respondents 2 and 4. The learned Advocate Mr.V.Malaiyandran takes notice for respondents 6 and 7.
The petitioner filed this Writ Petition for Writ of Mandamus to direct the respondents 1 to 5 to take appropriate legal action against the private respondents 6 and 7 from excommunicating the petitioner and his family members based on the representation dated 23.08.2026 and to receive Thalakattu Vari from the petitioner's family for the construction of Family deity Sri Muthumariamman Temple situated in Polikal Village, Sambakulam Post, Mudukulathur Taluk, Ramanathapuram District.
The learned counsel for the petitioner with support of the facts narrated in the petitioner's affidavit submitted that, there is a temple festival at Sri Muthumariamman Temple in the village of Sambakulam from 23.08.2026 to 02.09.2026. Knowing that, the temple festival starts from 23.08.2026, the petitioner sent a representation on the same day when the festival started on 23.08.2026, seeking the intervention of the respondents 1 to 5 to take action against the private respondents 6 and 7, who are the villagers of the Polikal Village, for excommunicating the petitioner and also for not collecting the Thalakattu Vari for the temple festival. It is the case of the petitioner that the villagers in the village paid Thalakattu Vari, but the other villagers did not receive Thalakattu Vari from the petitioner and also excommunicating the petitioner for making payment of Thalakattu Vari to the temple festival.
The counsel for the petitioner further submitted that, the petitioner and other villagers in this village belong to same community (Yadava community), and the respondents 6 and 7, excommunicating the petitioner for a flimsy reason that there is a land dispute between the petitioner side as well as the respondents 6 and 7 side. Therefore, this Writ Petition is filed before this Court on 28.08.2026, and get it numbered on 31.08.2026. When the matter was listed on 01.09.2026, the counsel for the petitioner submitted that knowing that there is private respondents 6 and 7, the petitioner takes responsibility to bring the respondents 6 and 7. Accordingly the matter was listed today. One Mr. Malaiyenthiran advocate of this Court appears for the respondents 6 and 7 before this Court today. On behalf of the respondents 6 and 7, in his opening remark he submitted that already the temple festival was over around 2.00 PM. When the matter was taken at 2.15 PM, it was disputed by the petitioner counsel saying that though the respondents 6 and 7 already conducted temple festival and molapaari was immersed in the water, but the petitioner side grown up the molapaari and to establish it, the matter was passed over.
After one or two hours back the counsel for the respondents 6 and 7 submitted that, the petitioner and family members joined with the respondents 6 and 7 and took part in the molapaari and immersed in water and the pot is empty. The photographs of the empty pot was shown by the counsel for the petitioner. Then the petitioner counsel took another stand, that since festival is over as jointly conducted by the petitioner as well as the other community in the village, this Court may pass suitable orders.
The learned Additional Government Pleader appearing for the respondents 1, 3 and 5 submitted on instructions, that the 5th respondent Tahsildar enquired the private respondents 6 and 7 and elders in the village and unanimously they stated that there will be no excommunication of the petitioner in the village and the petitioner may participate in any of the festival organized jointly in the village. There is no dispute about it. Without any basis, the petitioner has come up with this case and the festival was over and it was not conducted using Thalakattu Vari, for the reason that one of the elder died recently and all the expenses met out by youth associations in the village.
The counsel for the private respondents 6 and 7 submitted that, having the temple festival already over and today at 2.00 PM molapaari also immersed in the water, the petition has become infructuous and it may be dismissed. Further, he submitted that the petitioner and his family members participated in the previous night function and a photographs which is taken on 30.08.2026 is shown to this Court. The petitioner joined with the other villagers in the village and danced villaattam in a casual dress. This fact is not disputed by the petitioner counsel. Then the counsel for the respondents 6 and 7 submitted that, since the petitioner joined with the respondents 6 and 7 in the village to conduct the festival, the petition may be dismissed.
Considering the above factual scenario and the development taken place as of now, 5.00 PM today the festival is over one way or the other and the petition has become infructuous by passage of time duration and also the petitioner participated in the festival. Therefore, this petition is dismissed.