The Madras High Court ruled that lighting the Karthigai Deepam at Deepathoon does not affect Muslim rights and ordered the temple management to resume the traditional festival lamp at Thirupparankundram hill. The Court emphasized cultural preservation and peaceful coexistence.
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CHENNAI: In a landmark decision with implications for religious property rights and cultural preservation, the Madurai Bench of the Madras High Court has ordered the Arulmigu Subramania Swamy Temple, Thirupparankundram, to light the Karthigai Deepam at the Deepathoon (Ancient Stone Lamp Pillar) located on the lower peak of the Thirupparankundram hill.
The Court’s ruling restores an age-old Tamil tradition and reinforces the temple’s proprietary rights over the hill’s lower peak, which had become the subject of dispute.
Background of the Case
The petitioner, Rama Ravikumar, sought a direction to the temple authorities to allow the Karthigai Deepam to be lit at Deepathoon instead of only at the existing Deepa Mandapam. The temple management denied the request, stating that lighting the lamp at Deepathoon could create conflict with the nearby Dargha located on the higher peak.
Multiple petitions and impleading applications followed, both supporting and opposing the request. The central legal question became whether the Deepathoon lies within the property and control of the temple or the Dargha.
Court’s Legal Reasoning and Findings
1. Title and Property Rights
Justice G.R. Swaminathan emphasized that the dispute had been conclusively resolved a century earlier, stating:
“A settled issue cannot be reopened.”
Referring to the Privy Council’s earlier ruling, the Court quoted:
“The construction of the mosque was an infliction which the Hindus might well have been forced to put up with. But this was no evidence that the remainder of the hill was expropriated from the Hindus.”
This establishes that while the mosque occupies the highest peak, the unoccupied lower peak—including the Deepathoon-has historically belonged to the temple.
The Judge also highlighted practical evidence of ownership:
“If the Deepathoon and the adjoining area belonged to the Dargha, the Dargha would not have kept quiet or permitted the temple authorities to put up the covering.”
2. Distinction Between Deepathoon and Flagstaff
The Court clarified the purpose and identity of the Deepathoon:
“A Deepathoon is what it is. It is not a flagstaff… The very purpose of Deepathoon is to light lamp thereon. Res Ipsa Loquitur. The thing speaks for itself.”
Rejecting attempts to equate it with a Dargha flagstaff, the Judge explained that Deepathoon has instrumental spiritual value, not ornamental value.
3. Religious Harmony and Constitutional Morality
Countering arguments that lighting the lamp could disrupt harmony, the Court stated:
“By lighting the lamp at Deepathoon, the rights of the Dargha or the Muslims will not in any way be affected.”
The Court stressed mutual respect:
“Amity is to be celebrated, rights of both the parties have to be respected and rights of one party cannot be sacrificed.”
4. Cultural and Historical Significance
Highlighting Tamil spiritual heritage, Justice Swaminathan referenced the proverb:
“Kundrin Mel Itta Vilakkai Pola” (Like a lamp lit atop the hill)
The Court noted that the Tamil people have historically lit lamps on hilltops during Karthigai, comparing it to Thiruvannamalai.
Court’s Directions
The Court ordered the temple to restore the traditional practice:
“The Karthigai Deepam shall be lit from this year onwards at Deepathoon also.”
The directive mandates:
- Temple management is to perform the ritual annually
- Police to enforce compliance
- No requirement for HR&CE permission, since:
“This is a case of protecting the temple property.”
Case Title:
Rama.Ravikumar v. The District Collector, Madurai & Ors.
W.P. (MD)Nos. 32317, 33112, 33197, 33724 and 34051 of 2025
READ ORDER
