Chennai: The Tamil Nadu Government suffered a blow on Tuesday when a Division Bench of the Madras High Court (Madurai Bench) upheld the verdict of a single judge directing the Thirupparankundram Devasthanam to light the Karthigai Deepam atop a stone lamp pillar (deepathoon) on the hill top in Madurai.
The Division Bench comprising Justices G Jayachandran and K K Ramakrishnan, delivered the verdict disposing of a batch of 26 writ appeals.
The court’s decision marks a significant turn in a dispute that has seen multiple legal milestones since 1917, involving the Arulmigu Subramanian Swamy Temple and the Hazarath Sultan Sikkandar Badhusha Avuliya Dargah.
About The Controversy
The core of the controversy involved the right of Hindu worshippers to light the festival lamp at a specific granite pillar near the summit. The State Government and the Hindu Religious and Charitable Endowments (HR&CE) Department had previously resisted this, citing potential disturbances to public peace and alleged violations of ‘Agama Shastra’.
However, the Bench dismissed these concerns as an “imaginary ghost” created for convenience.
The judges noted that while the Dargah and its immediate adjuncts belong to the Muslim community under a 1920 civil decree confirmed by the Privy Council, the rest of the unoccupied hill, including the rock summit where the pillar stands, is the property of the Devasthanam.
Critiquing the State’s stance, the court observed that the apprehension of communal conflict appeared ill-founded, suggesting that such disturbances would only occur if “sponsored by the State itself”. The Bench emphasised that freedom of worship under Article 25 and the right to conserve culture under Article 29 of the Constitution must be upheld.
Regarding the religious technicalities, the court found no “formidable evidence” that Saivite Agama Shastra prohibits lighting a lamp at a location that is not directly above the sanctum sanctorum. The Bench pointed to similar practices in Tiruvannamalai and Tiruchirappalli, where lamps are lit at vantage points on hills to allow devotees in the surrounding plains to receive “darshan”.
The judgement also addressed the nature of the pillar itself. While some appellants argued it was merely a British-era survey stone, the court noted its distinct carved features and a bowl-shaped top designed to hold oil and a wick, identifying it clearly as a ‘Deepathoon’.
To ensure a balance between religious rights and public safety, the court directed that tehe Devasthanam must light the lamp at the Deepathoon during the Karthigai festival. The lighting must be performed by a designated Devasthanam team and “no members of the public are permitted to accompany them to the pillar.” Besides, the Archaeological Survey of India (ASI) is empowered to impose necessary conditions to preserve the hill, which is a protected monument.
The court said the District Collector and the Commissioner of Police must coordinate and supervise the event to ensure compliance and harmony.
The judges expressed hope that these directions would “bridge the difference” between the two communities. By allowing the ritual under strict supervision, the court aimed to ensure that the hilltop remains a site of “only light and not any fight”.
