Today, On 9th February, The Supreme Court refused to intervene in the Madras High Court’s ruling allowing Karthigai Deepam lighting at Thiruparankundram hill while restricting Muslim prayers to Ramzan and Bakri-Id. It also upheld the HC order banning animal sacrifice, limiting prayer rights on Madurai hilltop.
In an ongoing dispute concerning religious practices on Thiruparankundram hill in Madurai, the Supreme Court on Monday chose not to intervene in a Madras High Court ruling that authorized the lighting of the Karthigai Deepam at a stone pillar on the hilltop while imposing restrictions on Muslim prayers at a nearby site, permitting them only during Ramzan and Bakri-Id.
The high court determined that Muslims could conduct no prayers at the Nellithoppu site beyond these occasions.
This 33-cents piece of land is owned by the by the Sikkandar Badhusha Avuliya Dargah. Additionally, the court established that animal sacrifice is not permitted in the area.
Challenging this ruling, M. Imam Hussain, a worshipper at the Dargah, turned to the Supreme Court.
A bench consisting of Justice Aravind Kumar and Justice PB Varale chose not to interfere, characterizing the high court’s decision as balanced.
Advocate Prashant Bhushan, representing the petitioner, argued that there had never been any issues regarding law and order in the region. In response, Justice Kumar noted that had there been no law and order concerns, a Peace Committee meeting would not have taken place.
Justice Kumar stated,
“It seems to be a very very balanced order,”
The bench concluded that it would not interfere with the ruling, and without commenting on the rights of the parties involved, upheld the challenged order.
This verdict arises from proceedings in the Madurai Bench of the Madras High Court, which validated a prior order by Justice GR Swaminathan allowing the Thiruparankundram Murugan Temple management to light the Karthigai Deepam at the Deepathoon stone pillar on the hill’s peak.
Earlier Madras High Court said,
“It is ridiculous to believe lighting the lamp at the stone pillar near the top of the hill located within its territory of Devasthanam land, on a particular day in a year, will cause disturbance to public peace. Of course, it may happen only if such a disturbance is sponsored by the State itself. We pray no State should stoop to that level to achieve their political agenda.”
A division bench confirmed the earlier decision, allowing the ceremonial lamp to be lit at the Deepathoon in addition to other customary sites during the festival.
The high court remarked that the district administration should have viewed the matter as an opportunity to foster dialogue between the communities through mediation. It also noted that, given the hill is a protected site, any activities must strictly adhere to legal requirements.
The court clarified that while the lamp lighting was permissible, the number of attendees should be regulated in consultation with the Archaeological Survey of India. This ruling effectively upheld the traditional practice, dismissing objections regarding the lighting of the lamp at the stone pillar.
Thiruparankundram hill, located at the outskirts of Madurai, possesses a rich religious history that spans more than two millennia. Celebrated as one of the six abodes of Lord Murugan, it is home to the ancient Subramaniya Swamy Temple and is referenced in Sangam-era literature. Archaeological findings indicate a Jain presence dating back approximately 2,300 years. In the 14th century, the hill became associated with Sikandar Shah, leading to the establishment of the Sikkandar Badusha Dargah.
For generations, temple festivals and dargah observances have occurred side by side, with local inhabitants recounting shared rituals and intertwined traditions rather than firm divisions. The current conflict revolves around the location for lighting the Karthigai Deepam during the annual festival. Traditionally, the lamp was lit at the Uchipillaiyar mandapam.
In the 1990s, petitions sought to change the lighting to the hilltop Deepathoon pillar. Courts previously resisted altering the established practice.
However, a new petition in 2024 contended that a 1920s Privy Council decree acknowledging temple ownership of the hill allowed lighting at the pillar.
Justice G R Swaminathan permitted the hilltop lighting, which led to administrative objections on law and order grounds and became a political flashpoint involving the ruling DMK and the BJP, ultimately culminating in the Supreme Court’s involvement.
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