Chennai: In an extraordinary interim order, Justice G R Swaminathan of the Madurai Bench of the Madras High Court on Tuesday summoned the Tamil Nadu Chief Secretary and the Additional Director General of Police (Law & Order) to appear via video conference on December 17, after finding repeated and “brazen” defiance of its directions in the Thirupparankundram Karthigai Deepam issue.
The judge, hearing a contempt petition filed by Rama Ravikumar, recorded in detail how State officials — including senior police officers and District Collectors — had on multiple occasions refused to enforce the court’s orders permitting the lighting of the traditional Deepam atop the Deepathoon on Thirupparankundram hill.
He had earlier directed the Thirupparankundram Subramania Swamy Temple administration to light the lamp at the Deepathoon (pillar) near a dargah on the hill, and asked the jurisdictional police to ensure compliance. When the temple authorities declined, the court allowed the petitioner to ascend the hill and light the lamp himself, with CISF protection.
However, on December 3, over 200 police personnel led by the Commissioner of Police blocked the petitioner and even stopped CISF personnel, citing a prohibitory order issued hours earlier by the District Collector under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The next day, despite the court quashing that prohibitory order, police again prevented the lighting of the Deepam — this time led by the Deputy Commissioner of Police.
The judge observed that on December 4 there was “no defence whatsoever” for the police, since the prohibitory order had already been struck down in the presence of the Commissioner.
The State argued that writ appeals were pending and SLPs had been filed. But the court noted that the Division Bench had dismissed the State’s appeal challenging the contempt directions, and no interim stay existed. It also recorded that the SLP filed before the Supreme Court appeared defective and might even be withdrawn by the State.
Justice Swaminathan said he saw a “definite pattern” of officials refusing to implement orders involving inter-community religious disputes. He cited: the Kanyakumari “Mayiladum Parai” Murugan statue case, where the District Collector removed a statue without hearing stakeholders and later failed to restore the status quo despite a clear court order. Besides, he pointed to the Perumalkovilpatti Karthigai Deepam dispute in Dindigul district, where a Collector’s prohibitory order again thwarted High Court directions.
The judge said district-level officials “would not dare to so brazenly defy” court orders unless guided by higher-level signals, and stressed that officials must refuse illegal oral instructions from superiors.
To address what he described as a systemic administrative response, the judge summoned the Chief Secretary and ADGP (Law & Order) to clarify whether the government plans to issue instructions to ensure compliance with judicial orders. The Union Home Secretary was also suo motu impleaded.
Ordering immediate copy issuance, the court posted the case for further directions on December 17.
