Madras High Court Clears Karthigai Deepam at Thiruparankundram Hill, Rejects State’s Law-and-Order Fears

In a significant verdict touching upon religious practice, heritage conservation, and constitutional freedoms, the Madras High Court has upheld a single-judge order permitting the lighting of the Karthigai Deepam at a stone pillar atop the Thiruparankundram hill in Madurai district. The hill is home to both the Arulmigu Subramania Swamy Temple and the Sikkandar Badhusha Dargah, making the dispute socially and culturally sensitive.

A Division Bench comprising Justice G. Jayachandran and Justice K.K. Ramakrishnan dismissed appeals filed by the Tamil Nadu government, local authorities, and the Waqf Board, strongly criticising what it described as exaggerated and “imaginary” fears of public disorder. The Court directed that the lamp must be lit at the stone pillar, known locally as Deepathoon, during the Karthigai Deepam festival, under strict supervision and with safeguards for monument protection.

Court Orders Controlled Lamp Lighting

While allowing the ritual, the High Court laid down clear operational guidelines. It ordered that the temple devasthanam (management) alone shall carry out the lamp-lighting ceremony, without public participation. The Archaeological Survey of India (ASI) has been authorised to impose conditions to protect monuments on the hill, while the District Collector has been directed to coordinate and supervise the entire event in consultation with the police.

The Bench made it clear that administrative coordination, rather than prohibition, is the appropriate response when dealing with long-standing religious practices.

No Evidence Against Agama Shastras

Rejecting the objections raised against the ritual, the Court noted that the appellants failed to produce any credible material to prove that lighting the lamp at the Deepathoon violates Agama Shastras or established Hindu religious principles.

The judges observed that there is no rule mandating that a sacred lamp must only be lit directly above the sanctum sanctorum. On the contrary, lighting lamps at elevated locations has traditionally allowed devotees at the foothills to witness and worship the Deepam, reinforcing its spiritual significance.

Sharp Rebuke to State Authorities

One of the most striking aspects of the judgment was the Court’s stern criticism of the State’s law-and-order argument. The Bench described the administration’s fear of communal disturbance as “ridiculous” and questioned how a powerful State could claim it was incapable of maintaining peace during a controlled religious ritual.

The Court went a step further, remarking that such disturbances could only arise if they were “sponsored by the State itself,” adding that it hoped no government would descend to such levels to serve political interests. According to the judges, projecting hypothetical threats had only deepened mistrust between communities rather than promoting harmony.

Waqf Board’s Claim Termed ‘Mischievous’

The High Court also took strong exception to the Waqf Board’s submission that the stone pillar belonged to the nearby dargah. The Bench called this claim “mischievous” and noted that it was raised for the first time during appellate arguments.

Referring to earlier civil court rulings from the 1920s, the Court reiterated that while some portions of the hill belong to the dargah, the area where the Deepathoon stands has been legally recognised as property of the temple devasthanam. As such, the Waqf Board was held to have no locus in the matter.

The judges observed that such late-stage claims had undermined trust and derailed attempts at mediation.

Religious Freedom and Peaceful Coexistence

Emphasising constitutional values, the Court underlined that natural resources and public spaces belong to all, and that freedom of religion must be protected as long as it does not infringe upon the rights of others. The Bench noted that religious practices evolve over time but are rooted in reason and tradition.

Importantly, the Court clarified that allowing the lamp to be lit does not, in any way, interfere with the rights or practices of the Muslim shrine located on the hill. Instead, the judges expressed hope that clear rules and mutual respect would enable both Hindu and Muslim communities to celebrate their respective festivals peacefully.

Background of the Dispute

The controversy arose after local authorities prevented devotees from lighting the Karthigai Deepam at the Deepathoon during the 2025 festival, citing public order concerns. This was despite an earlier ruling by Justice G.R. Swaminathan, who had identified the pillar as a Deepathoon and directed the restoration of the traditional practice.

The failure to comply with that order led to a contempt petition, which remains pending. Meanwhile, the State, district officials, and the Waqf Board challenged the single-judge ruling, arguing that there was no proven custom of lighting the lamp at the disputed location and that the issue should be examined under the Hindu Religious and Charitable Endowments Act.

The Division Bench rejected these arguments, holding that alternative remedies under the HR&CE Act were neither necessary nor effective in the present case.

A Precedent for Balanced Governance

Legal observers say the judgment sets an important precedent on how the State should handle disputes involving faith, heritage, and public order. By favouring regulation over restriction and evidence over apprehension, the High Court has reinforced the principle that administrative convenience cannot override fundamental religious freedoms.

As the next Karthigai Deepam approaches, all eyes will now be on the district administration to ensure that the Court’s directions are implemented in letter and spirit — allowing tradition to be honoured while preserving peace and heritage.

— Yugcharan News