The Tamil Nadu government has approached the Supreme Court challenging the Madras High Court order permitting Karthigai Deepam to be lit at Deepathoon atop Thiruparankundram hill. The appeal concerns the stone lamp pillar’s location near a dargah in Madurai district.
The Tamil Nadu government has filed an appeal before the Supreme Court, seeking to challenge a Madras High Court decision that allowed the Karthigai Deepam to be lit at the Deepathoon. The Deepathoon is a stone lamp pillar located atop the Thiruparankundram hill in Madurai district, and is situated near a dargah at the hilltop.
The Special Leave Petition (SLP) was filed on June 11, shortly after the Tamilaga Vettri Kazhagam (TVK) government led by Chief Minister Vijay took office.
The SLP questions a January 6, 2026 judgment of a Madras High Court division bench (Madurai Bench). That bench had affirmed an earlier order by Justice G R Swaminathan, which had permitted devotees to light the lamp at the site.
Background of the dispute
The litigation began with writ petitions filed by individuals who sought permission to light the lamp at the Deepa Thoon. Opposing the request, the State Hindu Religious and Charitable Endowments (HR&CE) Department responsible for managing the Arulmigu Subramaniya Swamy Temple at the foothills contended that no established custom existed for lighting the lamp at the Deepathoon and that the ritual was traditionally performed at another location.
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Justice Swaminathan had ruled in favour of allowing devotees to light the lamp, holding that such permission would not harm the rights of the dargah, and that stopping the ritual would amount to an infringement of devotees’ rights. Following allegations that the authorities did not comply with the order, contempt proceedings were initiated. During those proceedings, the judge directed that the ritual be carried out with protection provided by the Central Industrial Security Force (CISF).
The division bench then upheld both the original order and the directions issued during the contempt proceedings. It rejected the state’s argument that the Deepathoon was only a survey stone from the British period, and observed that the temple administration had a responsibility to preserve traditions. The bench also held that lighting the lamp would not create any law-and-order situation.
High Court observations and call for settlement
The matter returned before the High Court on June 22, when appeals connected to the contempt proceedings came up for hearing. A bench comprising Justice N Sathish Kumar and Justice M Jothiraman orally questioned why the dispute should continue after the division bench had already upheld the permission.
The bench orally remarked,
“Nobody is affected here. The division bench has asked authorities to do something. What’s difficult about that? Why do you want to keep this matter alive?”
The court also suggested that the parties pursue a negotiated resolution. It said:
“You can sit together and give a quietus to this. There’s a division bench order. We have to see the interest of people there. They reside there. They know ground reality. Ask both sides to sit together, mediate and find a solution.”
During the hearing, the state informed the court that it could not immediately implement the order, noting that appeals were already pending before the Supreme Court. The government argued that a decision was required on whether to continue a practice that it claimed had existed for more than a century.
The court was also told that certain petitioners had separately moved the Supreme Court against a part of the division bench judgment that directed temple authorities to carry out the lamp-lighting exercise, contending that it affected devotees’ rights. Appeals have also reportedly been filed by the dargah authorities before the apex court.
Given the ongoing proceedings before the Supreme Court, the division bench adjourned the matter to July 27 and extended the interim stay on multiple orders passed by the single judge during the contempt proceedings.
The controversy dates back to December 2025, when Justice Swaminathan directed the temple management to light the Karthigai Deepam at the Deepathoon. Later, contempt proceedings resulted in further directions, including allowing devotees to light the lamp themselves under CISF protection after complaints that the order was not being followed.
The court also quashed a prohibitory order issued under Section 144 of the CrPC, observing that it had been issued to prevent implementation of the judicial direction.
The issue then went before a division bench. In its January 6 judgment, the division bench made strong observations about the administration’s stated concerns over public order.
The bench said that the “apprehension of law and order was an imaginary ghost created by state authorities for their convenience to put one community against the other under suspicion” and added that the district administration should have used the issue as an opportunity to bridge differences between communities through mediation.