The Tamil Nadu government will approach the Supreme Court, challenging the Madras High Court’s verdict permitting the lighting of Karthigai Deepam at Thiruparankundram hill, citing the absence of tradition and public order concerns.
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TAMIL NADU: The Tamil Nadu government has decided to approach the Supreme Court of India, challenging the Madras High Court’s verdict that allowed the lighting of a Karthigai Deepam at a stone pillar atop the Thiruparankundram hill in Madurai district.
The issue, which involves religious practice, heritage claims, and public order concerns, has become a politically sensitive matter in the state.
Background: Thiruparankundram Deepam Dispute
Thiruparankundram hillock is a site of shared religious significance, housing both the Arulmigu Subramania Swamy Temple, one of the six abodes of Lord Murugan, and the Sikkandar Badhusha Dargah, a revered Muslim shrine.
The controversy centers around a stone pillar located on the lower of the hill’s two peaks, which Hindu devotees claim is a Deepathoon, a traditional structure meant for lighting ceremonial lamps during Karthigai Deepam.
Madras High Court’s Division Bench Verdict
A division bench comprising Justices G. Jayachandran and K.K. Ramakrishnan upheld an earlier ruling by Justice G.R. Swaminathan, permitting the lighting of the Karthigai Deepam at the stone pillar.
The bench strongly criticized the Tamil Nadu government’s argument that lighting the lamp could disturb public peace, stating that such fears were “imaginary” and “hard to fathom” unless disturbances were instigated by the state itself.
The court also rejected claims that the stone pillar belonged to the dargah, calling such assertions mischievous and unsupported by evidence.
Court’s Key Observations and Directions
- The stone pillar was affirmed as a Deepathoon, traditionally used for lighting lamps at elevated locations.
- The practice of lighting Karthigai Deepam was held to be a legitimate religious tradition meant for all Hindu devotees.
- The temple management was directed to light the lamp at the designated pillar.
- The public was barred from accompanying temple officials during the ritual to prevent law and order issues.
- The district collector was tasked with coordinating and supervising the event.
- The Archaeological Survey of India (ASI) was permitted to impose conditions to protect the monument.
- The judgment emphasized peaceful coexistence, religious freedom, and shared access to natural resources under the Constitution.
The bench stated:
“Constitution, natural resources, is common to all. Everyone should have freedom of religion without disturbing the other.”
Despite the ruling, the Tamil Nadu government announced its decision to challenge the verdict in the Supreme Court. A government representative stated that there is no established tradition of lighting a lamp on the stone pillar and accused certain groups of politicizing the issue.
Advocate General P.S. Raman, representing the state, argued that:
- There is no conclusive historical evidence identifying the pillar as a Deepathoon.
- Justice Swaminathan exceeded his authority by ordering the revival of a disputed religious practice.
- Hindu devotees should have approached authorities under Section 63 of the HR&CE Act for an official inquiry into religious usage.
The Hindu devotees expressed strong reservations about this approach, arguing that mediation could protract the matter unreasonably.
They asserted that in previous instances, it was the Hindu side that had to compromise and relinquish their rights during such alternative dispute mechanisms, like peace meetings. They contended that the state’s notion of coexistence often came at the expense of Hindu rights.
Due to resistance from local authorities citing public order concerns, the Karthigai Deepam festival of 2025 passed without the lamp being lit, despite the single-judge order. This led to a pending contempt of court case against officials before Justice Swaminathan.
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