On 6th January, the Madurai Bench of the Madras High Court upheld a single judge’s order that directed the lighting of the Karthigai Deepam at the Deepathoon, an ancient stone lamp pillar on the top of the sacred Thiruparankundram hill near Madurai. The court dismissed a batch of appeals and held that the long raised law and order objections were an “imaginary ghost” created by the State for administrative convenience.
No bar of res judicata, no agama prohibition shown
The division Bench comprising Justice G Jayachandran and Justice KK Ramakrishnan ruled that the issue was not barred by res judicata and noted that earlier litigations had not conclusively decided the question of lighting the lamp at the Deepathoon. The Court also recorded that neither the State nor the dargah authorities had produced any formidable material that could establish that Agama Shastras prohibited the lighting of the lamp at the site.
The Court rejected the repeated claim that custom could not be altered through writ jurisdiction and observed that the case was not about inventing a new practice. It was about enabling a long associated form of worship that authorities had consistently avoided addressing.
‘Fear of the mighty State is ridiculous’
In a strong observation, the Court said that it was “ridiculous and hard to believe” that a powerful State feared disturbance to public peace merely because a small team from the temple would light a lamp at the pillar on one day in a year. The Division Bench remarked that such disturbance could occur only if it is sponsored by the State itself and cautioned that law and order should not be projected as an excuse to place communities against each other under suspicion.
The Bench added that the district administration ought to have used the occasion to bridge differences through genuine mediation instead of amplifying mistrust.
ASI oversight and controlled access
As the Court permitted the ritual, it also emphasised that the hill is a protected monument and all activities must comply with the Ancient Monuments Law. The court directed that conditions could be imposed in consultation with the Archaeological Survey of India, including fixing the number of persons allowed to take part in the ritual and ensuring that no damage is caused to the site.
Background of the dispute
The appeals arose from a 1st December order directing the management of the Arulmigu Subramania Swamy Temple to light the Karthigai Deepam at the Deepathoon. After the order was not complied with on the festival day, further directions and contempt proceedings followed.
The State, police, the dargah management and the Tamil Nadu Waqf Board challenged the order and raised objections including custom and minority land claims to practical difficulty and public order. The High Court rejected these arguments and held that administration cannot veto religious practice by invoking speculative fears.
