Court affirmed that financial irregularities unrelated to worship rights cannot justify exclusion from temple participation.

12. I. Velusamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2, 4 to 6 to take appropriate action against the individual respondents 7 to 12 for excommunicating the petitioner and her family members and ensure their right of worshipping Shri Pada Padirakaliamman Temple situated at Mullimunai, Karangadu Post, Thiruvadanai Taluk, Ramanathapuram District during the temple festival scheduled to be held from 15.10.2024 to 17.10.2024, on the basis of the petitioner's representation dated 25.09.2024.

For Petitioner : Mr.B.Vinothkumar For Respondents : Mr.S.Ravi (R2, R4 & R6)

Additional Public Prosecutor Mr.C.Satheesh (R1, R3 & R5)

Government Advocate Mr.I.Kalantar Aasik Ahamedu (R7 to R12)

ORDER

This writ petition has been filed seeking for a direction to the respondents 2, 4 to 6 to take appropriate action against the individual respondents 7 to 12 for excommunicating the petitioner and her family members and ensure their right of worshipping Shri Pada Padirakaliamman Temple situated at Mullimunai, Karangadu Post, Thiruvadanai Taluk, Ramanathapuram District during the temple festival scheduled to be held from 15.10.2024 to 17.10.2024, on the basis of the petitioner's representation dated

25.09.2024.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for R2, R4 & R6 and the learned Government Advocate appearing for R1, R3 & R5 in unison submitted that the temple festival has already been over as early as in the year 2024 itself and the matter has now become infructuous. However, they pointed out that the petitioner’s family was not excommunicated at any point of time. On the contrary, the petitioner’s husband had earlier served as the President of a Community Association, during which period he had collected subscription amounts from members, but allegedly failed to remit the same and misappropriated the funds.

3. The learned counsel appearing for the private respondents submitted that there is no point of excommunicating anyone from the temple festival.

4. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

5. Considering the facts and circumstances of this case, this Court is of the considered view that the alleged receipt of subscription amounts from the said Community Association by the petitioner’s husband, in his capacity as its President, has no nexus whatsoever with the petitioner’s right to worship in the subject temple. The two issues are distinct and unconnected, and any alleged financial irregularity cannot be a ground to interfere with or curtail the right of worship. In view of the same, this Court directs the private respondents not to ex-communicate any person at the time of the temple festival from participating related to poojas and functions conducted in connection with the temple festival.

6. With the above direction, this writ petition stands disposed of. No costs.